Patent

October 5, 2021
A close-up photograph of a metal vaporizer or vape-pen

United States Court of Appeals Clarifies “Actual Notice” Under § 287

The actual notice requirement of § 287 is only satisfied when the recipient is informed of the identity of the patent and the allegedly infringing activity.
September 14, 2021
Photo of American currency underneath a calculator

Federal Circuit Denies Relief to USPTO From Prolific Inventor Gilbert Hyatt

The Federal Circuit clarified that, while an applicant is required to pay all the expenses of PTAB proceedings, this does not include expert witness fees.
August 30, 2021
Photograph of a woman conducting business at her laptop.

Top Questions We Get Asked About Provisional Patent Applications

Provisional patent applications are generally well known in the start-up community as an affordable way to protect patent rights, but it can be hard to locate practical information. Here are the questions that our clients most frequently ask us about provisional patent applications.
August 23, 2021
photo of a hockey stick and a hockey puck on an ice rink.

And He Scores! Patent Infringement Suit Against CCM Hockey Dismissed

The Federal Court of Appeal's observations on the use of prosecution history demonstrate that courts continue to adapt to recent amendments to patent law.
August 18, 2021
Concept art of AI showing a humanoid head made out of glowing green binary numbers on a black background.

Are We Ready to Name AI as an Inventor of Patents?

The Australian Federal Court recently recognized that an artificial intelligence can be listed as an inventor under the Australian Patent Act.
August 9, 2021
Photograph of an auto-injector needle with a drop of liquid at the tip of the needle.

Federal Court of Appeal Reaffirms Overbreadth as Grounds for Invalidity

The FCA held that overbreadth is not an “improper re-emergence of the promise doctrine”. Overbreadth is supported by bargain theory and s. 27 of the Act.
July 27, 2021
Photograph of centrifuge tubes in a test tube rack on a laboratory bench.

Variations on Previously Approved Drugs Are Ineligible for Data Protection

On July 12, 2021, the Federal Court of Appeal issued a decision dismissing an application for judicial review of a decision of the Minister of Health denying data protection for a drug. Janssen Inc. had sought protection for its drug SPRAVATO but was rejected on the basis that it was not an “innovative drug” eligible for such protection.
July 21, 2021
Photo of a project planning board covered in yellow sticky notes.

A Synergistic Combination: Patents and SR&ED

The trick is to efficiently resource patent and SR&ED initiatives while keeping product development on track. Here are a few tips that can help you do that.
July 15, 2021
Lightbulbs in a row. Lightbulbs are illuminated, Edison-style glass bulbs.

Amendments to Patent Rules Continue: Further Streamlining Canadian Patent Prosecution

Proposed changes to Canada’s patent system include excess claim fees and limits on office actions which will lay the groundwork for patent term adjustments.
June 7, 2021
Close up view of a green circuit board for a computer

PAB Allows Two Software Patents, Revealing Post-Choueifaty Approach

In two recent decisions involving software patents, the Patent Appeal Board found the inventions to be directed to patentable subject-matter