Patent Application

April 7, 2022
Photograph of a hand holding a smartphone. The smartphone displays the Youtube logo.

Is it Time for Video Provisional Patent Applications?

In a world of Instagram, Youtube and TikTok, why can't inventors submit their provisional patent applications entirely in video format?
March 29, 2022
Photograph of a computer programmer holding up a sticky note that says "A.I."

The Limits of Artificial Intelligence and Patent Drafting

Today, there is much talk about how artificial intelligence plays a significant role in patent drafting and could replace the patent attorney altogether.
March 16, 2022
Photograph of Scrabble tiles arranged to form the term "WORDS"

Rethinking “Said” vs. “The” in Patent Claims

Patent drafters should take the time to consider the “why” behind drafting choices. There is no “right” or “wrong” way here, only the need to be mindful.
September 23, 2020
Lines of programming code on a computer screen.

Federal Court Rejects CIPO’s “Problem-Solution” Approach to Claim Construction

2020 FC 837: A recent decision spells the end to the problem-solution approach, which has long been used to block patent applications for software.
September 20, 2019
Macro (close-up) photo of a hazel coloured human eye, eyelashes, and eyelid.

Allergan’s Glaucoma Patents Saved by “Wherein” Clauses

CAFC 2018-2207 – The US Court of Appeals for the Federal Circuit ruled that “wherein” clauses in patent claims can be limiting if they are material to patentability.
September 13, 2019
Fibre optic cable photographed in the dark

Patent Specification Interpreted as Admission of Common General Knowledge

2019 FC 1065 – Canada's Federal Court ruled that two fiber optics patents were obvious in light of an admission made in the background sections.
May 7, 2019
Abstract three-dimensional design resembling building blocks

Federal Circuit Reins in Impossible Standards for Antedating Prior Art

Fed. Cir., 2016-2222 - CAFC affirms that a patent may be successfully defended if the patent holder can prove that the invention was conceived prior to any similar prior art.
April 5, 2019
Woman standing on a street holding an open binder

Canadian Patent Filing Requirements About To Change

Filing requirements are about to change with the new Canadian Patent Rules, expected to come into force in 2019.
March 27, 2019
Start-up founders discussing business around a table with a laptop

PCK Extends In-Kind IP Services to Velocity Fund Finals $25K Winners

Velocity and PCK IP will once again work together to support Velocity Fund Finals $25K winners.
March 26, 2019
Pencil eraser on a piece of paper

Patent Corrections: New Provisions Expected This Year

New patent rules to introduce new correction provisions.
March 20, 2019
Photograph of the calculator app on an iPhone

New Late Fees Introduced by New Patent Rules

New patent rules, expected to come into force by the end of 2019, will introduce a new set of fixed late fees, which will apply in three specific instances.
January 10, 2019

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.
July 24, 2018

FCA Affirms Patent Application is “Dead” Following Failure to Respond to Requisition

2018 FCA 36 - The Federal Court of Appeal upheld the Federal Court decision dismissing the application from the Governors of the University of Alberta and Alberta Health Services for judicial review of the Commissioner’s decisions refusing reinstatement of a patent application.
January 9, 2018
subject matter

Call Processing System Patent Rejected for Lack of Statutory Subject Matter and Obviousness

PAB 1420 - Canadian Patent Application No. 2,529,210 filed by Assurant Inc. for a system that routes customer calls based on a sales agent’s past performance was rejected by the Patent Appeal Board, at least for the reasons of non-statutory subject matter and obviousness.
August 15, 2017

Federal Court Rejects Bayer’s Request for Corrected Priority Date

2017 FC 178 - The FC dismissed a request by Bayer for judicial review of a Commissioner’s decision refusing to change the priority filing date for Bayer’s Canadian patent application, based on provisions in the Patent Act and Patent Rules relating to priority claims.