Article

January 13, 2022
Researcher looking into a microscope in a laboratory.

Federal Court Allows Correction to Inventorship Amidst “Pending Litigation”

Some of the most common errors made in patent applications are in the naming of applicants and inventors. If the mistake is not caught in time, it can cause a nasty headache for the patent owner.
December 29, 2021
Photograph of the "ZARA" trademark in a sign above a Zara storefront.

Trademark Opposition by Fashion Giant ZARA Remitted to Federal Court

The Federal Court of Appeal held that the trial judge cannot intervene in a trademark opposition decision in the absence of any errors by the Board.
December 14, 2021
Photo of office towers in Toronto's financial district.

Abuse of Process Should Only Be Invoked in the “Clearest of Cases”

Four years after the Federal Court of Appeal denied copyright protection for TRREB's real estate database, the fight to control that data continues.
December 6, 2021
Photograph of two people shaking hands.

Scope of Patent Agent Privilege Considered in FCC Decision

The Federal Court has limited the scope of patent agent privilege to communications directly related to the protection of patent rights.
November 23, 2021
Photograph of white pills containing a natural health product

FCA Upholds Refusal to Grant Natural Health Product Licence

Health Canada refused to grant a natural health product license to Canada RNA Biochemical Inc. for its oral lumbrokinase capsules marketed as "Boluke".
November 15, 2021
Photo of computer screen showing a code editor.

Landmark Graphics Benefits Again From PAB’s Post-Choueifaty Approach

2021 CACP 42: Cementing its post-Choueifaty approach to patentable subject-matter in Canada, the PAB found all claimed elements to be essential in the computer-implemented invention.
November 3, 2021
A woman sits on a pink suitcase in an airport.

Supreme Court Refuses to Hear Appeal in Luggage Trademark Dispute

SCC #39576: Earlier this year, Travelway filed for leave to appeal with the Supreme Court of Canada over a trademark dispute with Wenger, the makers of Swiss Gear.
November 2, 2021
Photo of a hand holding a credit card above a laptop keyboard.

Apple and Visa Persuade Federal Circuit to Invalidate Patents for Secure-Payment

Fed. Cir. No. 2020-2044: The Federal Circuit found that the patents were directed to an abstract idea, with no additional elements to transform them into patentable subject-matter.
October 27, 2021
Aerial view of a skyscraper in downtown Hangzhou, Zhejiang’s largest city.

Audience of Ten Thousand Tunes into Andrew Currier’s IP Lecture

Andrew was invited to speak about Corporate IP Strategy and Practical Business as part of the Zhejiang High-Level IP Training Program.
October 26, 2021
Photo of two women working on tablets in front of a large window.

IP Basics: Patent Budgeting for Early Stage Startups

When budgeting for a patent, all tech startups face this conundrum: “I need investors to pay for a patent, but I need a patent to attract investors.”