Prosecution
July 11, 2019
A cybersecurity start-up is asking the US Supreme Court to take a bold stance on the judicial treatment of patents and fix the US patent system.
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 18, 2019
The Raptors may have won the NBA championship but they still have a court battle ahead, this time against popular energy drink Monster Energy.
June 11, 2019
AVX Corporation v Presidio Components (Fed. Cir., 2018-1106) A case recently dismissed by the United States Court of Appeals for the Federal Circuit (“CAFC”) confirms that […]
June 4, 2019
Fed. Cir., 2018-1434 - CAFC clarifies the test for obviousness where the invention claims a use of a known drug.
May 28, 2019
PCK IP Lawyers LLP represented Netsweeper in patent ownership dispute against Prosyscor in which Netsweeper was successful.
May 9, 2019
Requests for patent application reinstatements and reversing a patent expiry are about to get more onerous with the new Patent Rules.
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.
May 1, 2019
2019 FC 406 - FC confirms that registered owner is not precluded to submit new evidence on appeal if no evidence is submitted after receiving s.45 notice from the Registrar.
April 30, 2019
Fed. Cir. 2017-2257 - CAFC Reaffirms: GUI That Merely Collects and Displays Data Is Not Patentable
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.
March 26, 2019
New patent rules to introduce new correction provisions.
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.
March 19, 2019
Third party rights introduced in new Patent Rules to mitigate for long periods of uncertainty when patent applications/patents are deemed abandoned.
March 12, 2019
Requests for patent application reinstatements and reversing a patent expiry are about to get more onerous with the new Patent Rules.
December 13, 2018
Overview of the proposed amendments to the Patent Rules, published in the Canada Gazette on December 1, 2018.