Patent

January 5, 2023
In a hospital room, a woman in a white lab looks at a computer monitor.

USPTO to Launch Cancer Moonshot Expedited Examination Pilot Program

Starting on February 1st, the US Patent and Trademark Office (USPTO) will offer accelerated examination for patent applications aimed at preventing cancer and cancer mortality.
December 22, 2022
circuit board

Federal Circuit Applies Collateral Estoppel in IPR Proceedings

The Court of Appeals for the Federal Circuit found that dependent claims invalidated by collateral estoppel also invalidated the parental independent claim.
November 29, 2022
Photograph of a hand holding a calculator and performing financial calculations.

Canada’s Highest Court Upholds $644M Award for Patent Infringement

2022 SCC 43: The Supreme Court of Canada handed down a decision that awards Dow Chemical $644 million—the largest monetary offering in a Canadian patent lawsuit.
October 25, 2022
Photograph of a judge knocking a gavel on a wooden block against a dark background

Christian Varin Sentenced to 5 Years for Defrauding Canadian Inventors

2022 QCCQ 6675: Operating as "Fédération des Inventors du Québec", Varin offered to protect inventions but never filed a single patent application at CIPO.
September 30, 2022
A photograph of a female engineer peering through the wires of a computer.

Can AI Be an Inventor? We’re Asking the Wrong Question

If we reframe the question of “Should AI be named an inventor?” in the context of incentivizing innovation, we get a much more elegant question.
August 18, 2022
A thermometer is shown on a pile of pharmaceutical pills.

Selection Patent for Apixaban Upheld by Federal Court of Appeal

2022 FCA 142: The Court also commented on the relevant date for determining if an invention has been sufficiently described in the patent application.
June 30, 2022
Photograph of a silhouette of a pumpjack in an oil field.

Inventor Fails to Extract a Win on Appeal Against Oil Producer MEG

2022 FCA 118: The appeal court saw no reason to interfere with a trial court decision that favoured MEG Energy in its ongoing patent dispute with inventor Jason Swist.
June 20, 2022
Photograph of three baseballs on the grass, representing three strikes.

Three Strikes: Federal Court Rejects CIPO’s Approach to Software Patent Eligibility

2022 FC 923: For the third time since 2011, CIPO’s approach to software patent eligibility has been struck down by the Federal Court.
June 6, 2022
Photograph of a chimpanzee that appears to be thinking

Can AI Be an Inventor? Let’s Ask the Chimpanzees

If an AI produces an invention which satisfies the requirements of patentability, who is the inventor—the creator of the AI or the AI itself?
May 30, 2022
Photograph of a seedling plant sprouting in the soil.

Federal Court of Canada Squashes Contempt of Court Claim

In 2021, the Federal Court found GreenBlue infringed Deeproot's patents and granted an injunction. In 2022, the court was unconvinced that GreenBlue violated the injunction.
May 12, 2022
Engineer at an oil refinery inspects centrifuge equipment.

Federal Circuit Narrows Application of the Experimental Use Exception

Under the “on-sale bar”, privately offering to sell an invention before filing a patent application can void the patent rights in all but a few permissible scenarios.
April 20, 2022
Photograph of a doctor holding out small white pills

Data Protections Once Again Prevent Médunik From Launching Pediatric Drug

The Federal Court disagreed with Health Canada's interpretation of data protection regulations, once again reversing approval of pediatric drug RUZURGI.
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.
March 7, 2022
A photo of two TSA-approved luggage locks bearing the red Travel Sentry logo.

Maker of Travel Locks Fails to Revive Patents on Appeal

Travel Sentry, Inc. v David A. Tropp, No. 2021-1908 (Fed. Cir., Feb. 14, 2022). The patents claimed an economic practice and method of organizing human activity, which is not subject-matter that can be protected under the patent system.
February 24, 2022
Photograph of a computer user typing on a laptop

Courts Must Consider Patent Examiner’s Interpretation of Claims

The US CAFC ruled that an examiner is a "person of ordinary skill in the art" and is owed an appropriate level of deference.
February 7, 2022
Photograph of the Peace Tower at the Canadian parliament buildings taken from the ground so that the clock peeks out from behind another building.

Considerations for Applicants Before the Canadian Patent Rules Change

Patent applicants may wish to request examination for their Canadian patent applications soon to take advantage of the fees under the current Patent Rules.
February 3, 2022
A photo of an iPhone screen showing an icon to launch the Google app.

Google’s AdWords Defeats Competitor’s Patent Infringement Claim

Canada's Federal Court dismissed allegations by Paid Search Engine that Google infringed a patent for optimizing paid search engines.
January 27, 2022
A photo of a pumpjack for mining oil in the Canadian prairies.

Prior Use Defence Argued by Mining Supplier in Patent Infringement Case

The prior use defence allows a business to continue activities that would otherwise be patent infringement, if the activities pre-date the filing date of the patent.