Procedure
July 18, 2019
SCOTUS blocked US Postal Service from using proceedings under the Leahy-Smith America Invents Act (“AIA”) to avoid litigation and invalidate a US Patent.
July 8, 2019
The CAFC reminds lower courts that software patents are valid where they claim a particular improvement in how the outcome is achieved.
July 2, 2019
CAFC confirms that an invention is only obvious and ineligible for a patent where a skilled person would have had a “reasonable expectation of success.”
June 4, 2019
Fed. Cir., 2018-1434 - CAFC clarifies the test for obviousness where the invention claims a use of a known drug.
May 7, 2019
Fed. Cir., 2016-2222 - CAFC affirms that a patent may be successfully defended if the patent holder can prove that the invention was conceived prior to any similar prior art.
April 18, 2019
USPTO introduces Automated Interview Requests; a new web-based tool that allows Applicants to schedule an interview with an Examiner for their pending patent application.
April 16, 2019
2019 FCA 29 - Canada's FCA refuses to intervene in trial judge's decision with respect to punitive damages.
April 12, 2019
2019 FC 142 - FC confirms it may stay proceedings before federal board or commissions if elements of strict test are met.
April 5, 2019
Filing requirements are about to change with the new Canadian Patent Rules, expected to come into force in 2019.
April 4, 2019
2018 FC 1078 - Canada's Federal Court confirms that jurisprudence under previous PM(NOC) regime is not automatically applicable to the new.
March 21, 2019
2018 FCA 192 – FCA confirms CEEO Orders may be granted in unusual circumstances.
March 20, 2019
New patent rules, expected to come into force by the end of 2019, will introduce a new set of fixed late fees, which will apply in three specific instances.
December 13, 2018
Overview of the proposed amendments to the Patent Rules, published in the Canada Gazette on December 1, 2018.
December 4, 2018
2018 ONSC 5199 – ONSC rejects Apotex’s attempt to recast Promise Doctrine under s. 53 fraud allegations.
October 11, 2018
Canada’s Certificate of Supplementary Protection Regime – an overview a year into its introduction
September 20, 2018
2018 FC 689 – Federal Court confirms that material facts must be pleaded in order to succeed with defence of prior disclosure.
September 13, 2018
2018 FC 311 – Pursuant to section 52 of the Patent Act, the FC ordered the variation of the Patent Office Records in relation to Canadian Patent Nos. 2,614,533 and 2,919,266 to rectify a mistake in the name of the legal owner of the patents.
August 28, 2018
2017 FC 874 - Aitken Klee disqualified from representing Betser-Zelevitch because one of its partners had acted for Nexen in the same action, while at another law firm.
August 14, 2018
PCK IP is pleased to announce the launch of Canadian Patent Law, 3rd Edition.
July 24, 2018
2018 FCA 36 - The Federal Court of Appeal upheld the Federal Court decision dismissing the application from the Governors of the University of Alberta and Alberta Health Services for judicial review of the Commissioner’s decisions refusing reinstatement of a patent application.