PCK Reporter

April 30, 2013

PAB Clarified Sound Prediction and Functional Claim Drafting

Re. Patent Application No. 592,567, CD 1303 The subject application was rejected by the Examiner under section 2 of the Patent Act for containing claims for […]
April 29, 2013

Alberta Court Upholds Anton Piller Injunction

Catalyst Canada Services LP v. Catalyst Changers Inc., 2013 ABQB 73 Pursuant to the Injunction Order, Applicant Defendant Catalyst Changers Inc. (“Changers”) delivered-up two trailer-mounted cyclone […]
April 29, 2013

PAB Clarifies the Requirement of Intention to Protect in a Reissue Application

Re. Patent Application No. 2241368, CD 1333 The patentee submitted an application for reissue of Patent No. 2,241,368 pertaining to improvements in television receivers which provide […]
April 19, 2013

Parliamentary Report Covers Key IP Issues, But Stumbles on Patentable Subject Matter, Omits Key Recommendation on Updating CIPO’s Systems

Parliament’s Standing Committee on Industry, Science and Technology has tabled a report titled “Intellectual Property Regime in Canada”. The Committee was chaired by David Sweet, M.P., […]
April 19, 2013

Summary of CIPO’s Post-Amazon Examination Practice on Computer-Implemented Inventions

Examination Practice Respecting Computer-Implemented Inventions – PN 2013-03 These guidelines build upon the guidance in Chapter 16 (Computer-Implemented Inventions) of the MOPOP and in PN 2013-02 […]
April 19, 2013

CIPO’s Emphasis on the Problem-Solution Approach to Claim Construction Questionable in Canadian Jurisprudence

Examination Practice Respecting Purposive Construction – PN2013-02 Free World Trust and Whirlpool continue to guide the courts, with the benefit of expert testimony and cross-examination, to […]
March 28, 2013

PAB Applies Amazon.com, Finds Method for Updating Navigation Systems Installed in Vehicles Is Patentable Subject Matter

CD 1332, Re. Patent Application No. 2,195,252 entitled "System and Method for Distributing Information for Storage Media" This decision deals with a review by the Commissioner […]
March 28, 2013

PAB Confirms that under s. 47(1) It Is Not Necessary that the Invention Claimed in an Application for Reissue Relate to the Same Inventive Concept as the Issued Claims

CD 1330, Re. Patent No. 2,413,004 entitled "Self-Aligning Hitch" This recommendation deals with a review by the Commissioner of Patents of an application for reissue of […]
March 27, 2013

FC Rejects Ranbaxy’s Allegation that Astrazeneca’s Patent for Enteric Coating of Omeprazole Is Invalid for Obviousness

Astrazeneca Canada Inc. v. Ranbaxy Pharmaceuticals Canada Inc., 2013 FC 232 Astrazeneca brought an application under section 5 the PM(NOC) Regulations defending Canadian Patent No. 2,170,647 […]
March 26, 2013

Hughes J. Holds the Relevant Date for Assessing Sufficiency of a Canadian Patent Is the Date of Publication

Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited, 2013 FC 283 Novartis brought two applications under the provisions of the PM(NOC) Regulations to restrain the Minister […]