Patent

January 10, 2019
trademark law

CAFC Reviews the Effect of the Removal of a Priority Claim in Patent Application Forming Part of a Chain

Fed. Cir. 2017-1962 – CAFC confirms that removing priority claim in a patent application part of a chain of applications will impact the later filed applications.
December 18, 2018
trademark law

FCA Reviews Doctrines of Claim Construction and Sufficient Disclosure

2018 FCA 172 – FCA affirms FC’s analysis on sufficient disclosure but quashes claim construction analysis.
December 4, 2018
trademark law

The ONSC Dismisses Apotex’s Attempt to Revive the Promise Doctrine Under the Guise of Fraud

2018 ONSC 5199 – ONSC rejects Apotex’s attempt to recast Promise Doctrine under s. 53 fraud allegations.
November 23, 2018
trademark law

PAB Rejects Application: Ambiguous and Indefinite Claims are Unpatentable

PAB 1453 – The Patent Appeal Board found that Canadian Patent Application No. 2,612,950 for a “system and method for generating real-time indicators in a trading list or portfolio” was obvious, the claims did not define statutory subject matter and were indefinite.
November 20, 2018
trademark law

USMCA, the new NAFTA: what changes we can expect in Canadian IP Law

USMCA – On September 31, 2018, Canada reached a new agreement with the USA and Mexico – here is an overview.
November 7, 2018
trademark law

US Court of Appeals for the Federal Circuit Confirms Test for Obviousness

Fed. Cir. 2017-1977 – The United States Court of Appeals for the Federal Circuit confirms the legal standard for obviousness in patent law.
November 2, 2018
trademark law

Bill C-86 and Its Impact on Trademark and Patent Prosecution

Bill C-86 – The omnibus bill creates ambiguity in authorized representation before the Patent Office and the Office of the Registrar of Trade-marks.
October 11, 2018
trademark law

What Pharma Patentees Need to Know About Canada’s CSP Regime

Canada’s Certificate of Supplementary Protection Regime – an overview a year into its introduction
October 3, 2018
trademark law

Federal Court Clarifies its Position on Protective Orders

2018 FC 956 – Federal Court confirms legal test applicable for protective orders, overturns Prothonotary's Order.
September 26, 2018
trademark law

Federal Court Dismisses Motion for Early Dismissal of Action Brought Under the New PM(NOC) Regulations

2018 FC 694 – Federal Court confirms that motion for early dismissal will only be granted in the clearest of cases.