Patent

May 29, 2024
Person holding needle and vial

Appeal Court Clarifies Patentability of Methods of Medical Treatment

2024 FCA 23: In Pharmascience v Janssen, the Federal Court of Appeal offers additional commentary on the patentability of methods of medical treatment in Canada.
January 10, 2024
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Appeal Board Weighs in on Patentability of Software Subject Matter

2023 CACP 23: Hot on the heels of the recent Benjamin Moore decision, Canada's Patent Appeal Board has considered the patentability of a computer-implemented invention.
November 27, 2023
Photograph of a researcher's hands in blue rubber gloves holding a slide under a microscope.

5 Key Steps to Optimize Your IP Strategy and Acquire Government Funding

New government programs can enhance your strategic approach to IP. Here are some recommendations on how to prepare your corporation for government funding.
November 16, 2023
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Will the Third Time Be the Charm in This Design Patent Saga?

Fed. Cir. No. 2021-2299, 2021-2338: This is the second time the Court of Appeals for the Federal Circuit has reversed a finding of infringement and sent the design patent back to lower courts.
November 14, 2023
Researcher in a biochemical laboratory pipetting a liquid

ElevateIP Canada: Dynamic Funding Opportunity for Intellectual Property (IP)

PCK is partnering with local innovation hub Communitech on a federally funded IP program called ElevateIP, launching on November 23, 2023.
November 8, 2023
Photograph of business people meeting at a table to discuss graphs and charts shown on computers, tablets, and paper.

Maximizing the Value of Your Intellectual Property Through Federal Programs

Through the IP Assist program, SMEs can gain access to a range of resources to help enhance the value of innovations and accelerate commercialization goals.
October 17, 2023
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To Claim (Broadly), or Not to Claim? The Double-Edged Sword of Patents

Fed. Cir. 2022-1387, 2022-1492: In a recent decision, the Court of Appeals for the Federal Circuit cautioned patent holders against broadening amendments.
September 27, 2023
Person in a suit using a tablet computer and a calculator to plan a budget for a business.

Navigating the 2024 Fee Increases for Canadian Patents and Trademarks

On January 1, 2024, the Canadian Intellectual Property Office (CIPO) will implement a 25% increase in most government fees for patents and trademarks.
September 5, 2023
Kristjan Spence, a registered US and Canadian patent agent

Join PCK’s Kris Spence for a Discussion on Patent Strategies in the AI Era

On September 12, 2023, PCK’s Kris Spence will moderate a panel of patent experts to share insights and shed light on IP strategies for AI inventions.
August 30, 2023
Photograph of a doctor holding a syringe full of an injectable filler

US Court Rules That Free Samples Don’t Count Towards Commercial Success

Fed. Cir. 2021-2063, 2021-2065: Sales of a product can be used to prove the inventiveness of a patent, but a US court warns that free samples are not relevant to patentability.
August 14, 2023

Back to the Motherboard: Still No Clear Test for Software Patent Subject Matter

2023 FCA 168: In its long-awaited decision, the FCA reiterated the importance of judicial minimalism and rejected a structured analytical framework.
August 8, 2023
Photograph of a human hand overlaid with the image of a robotic hand.

Can AI Be an Inventor? Redux

While previous discussions have mostly disagreed that AI can be an inventor, generative AI is likely to have a wide impact on the patent system.
July 31, 2023
Photograph of a watch in someone's hand.

Canada Introduces Patent Term Adjustment for the First Time

Bill C-47: Before CUSMA replaced NAFTA, Canada did not provide compensation to patent owners for delays in the processing of a patent application.
June 19, 2023
Photograph of an engineer working on a component for a telescope.

Three Factors for Protecting Canadian Innovation

Canadians are recognized as strong innovators and entrepreneurs, and yet we are also seen as laggards when it comes to protecting intellectual property (IP).
June 1, 2023
Photo of a handshake over a desk

Preserving the Patent Bargain: U.S. Supreme Court Limits Amgen’s Monopoly

No. 21-757 (Supreme Court May 18, 2023) The Supreme Court of the United States applied bargain theory in its long-awaited decision regarding the enablement requirement of the Patent Act.
May 16, 2023
Wrenches on a gray background. The wrenches are arranged around the periphery of the photo.

ChatGPT: A Limited Tool for Patent Agents, Not a Solution for IP Strategy

ChatGPT can provide some very useful efficiencies for patent agents. Here are six ways Andrew Currier has integrated ChatGPT into his patent practice.
May 11, 2023
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Federal Circuit Re-Opens Challenge to the Fintiv Rule

Since 2020, the USPTO has been denying requests for post-grant validity challenges based on the controversial Fintiv rule.
May 2, 2023
Photograph of clothespins hanging upside down on a clothesline, the clothespins resemble the letter "A".

The Federal Circuit Interprets the Meaning of “A” in Patent Claims

Fed. Cir. No. 2021-2320, 2021-2376: Typically patent drafters omit phrases like “at least one” from patent claims to improve readability, but a recent court decision may reverse the trend.
March 22, 2023
Photograph of two inventors wearing lab coats in a scientific laboratory. The nearest inventor is looking into a microscope. There are beakers on the counter beside her.

Federal Court Allows Addition of Third Inventor to Two Patents

2023 FC 115: The Court found that the omission of the third inventor was a result of inadvertence, rather than delay, and allowed the correction.
February 3, 2023
Photograph of a person standing in a sunlit meadow and holding a globe under their arm.

Can the Patent System Help Safeguard Canadian Military Innovations?

Most major countries in the world, including the USA and China, require innovators to secure a “foreign filing license” before they can seek patent protection in a foreign country. Canada has no such regime, but perhaps it's time.