Patent

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
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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
May 19, 2021
Photograph of a row of glass bottles containing vaccines against COVID-19.

Promoting Diversity vs COVID-19 Patents: Why We Must Get It Right

As the pandemic rages and the vaccines roll out, we face a difficult question about whether to relax patents on COVID-19 technologies in order to accelerate global vaccine distribution. For intellectual property professionals, we must ensure that we help guide the right policy decision. History is going to judge us. 
May 12, 2021
Black textbook with red spine. The title "Canadian Patent Law" is written on the cover in gold.

PCK IP Releases 4th Edition of Canadian Patent Law

Co-authors Stephen Perry and Andrew Currier have drawn on years of experience in the field of IP to craft a complete resource for the patent prosecutor.
March 26, 2021
Photograph of an oil and gas pump.

Federal Court Applies Its Own Claim Construction to Infringement Case

2021 FC 85: The Federal Court upheld the validity of all claims, but found that PetroChina was not infringing Maoz Betser-Zilevitch's patent for an SAGD.
March 3, 2021
Model of a human brain photographed in an anatomy lab.

A Closer Look: CAFC Finds Immersion Photography Claims Are Obvious

Fed Cir, 2019-1927: The CAFC overturned a finding of non-obviousness by the US Patent Trial and Appeal Board on a patent owned by Melanoscan, LLC.
February 16, 2021
Close-up photograph of server with multiple ethernet cords plugged in

Patent Appeal Board Rules Choueifaty Patent Application to Be Patentable

PAB 1556: Canada’s Patent Appeal Board reconsidered Mr. Choueifaty’s patent application for a computer-implemented method of managing portfolio assets.
February 1, 2021
Business person sitting a board room table in front of sunny window

Federal Court of Appeal Restricts Admissibility of Foreign Prosecution History

2021 FCA 7: The FCA narrowly interpreted section 53.1 of the Patent Act, refusing to look at a corresponding US application that was not named by number.