PCK Reporter

May 29, 2013

New Zealand Moves to Exclude Software “as such” from Patentable Subject Matter

Link to the proposed amendments to the Patents Bill.   Rather than excluding a computer program from being a patentable invention, the amendments clarify that a computer program […]
May 29, 2013

Proposed Patent Quality Improvement Act to Assist US Defendants Facing Spurious Infringement Suits Brought by NPEs

Link to full text of the proposed Act.  The Patent Quality Improvement Act amends the Leahy-Smith America Invents Act to remove the eight-year sunset provision with respect […]
May 22, 2013

English Court of Appeal Applies Symbian and AT&T, Revives Apple’s Multi-touch Patent

HTC v. Apple, [2013] EWCA Civ 451 (Court of Appeals of England and Wales)    Per Kitchin L.J. (Richards L.J. concurring): This appeal was concerned with […]
May 3, 2013

PMPRB’s Copaxone Decision Unreasonable in its Application of s. 85(1) of the Patent Act

Teva Canada Innovation v. Canada (Attorney General), 2013 FC 448 Teva asked the Court to set aside a decision of the Patented Medicine Prices Review Board […]
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 […]