Summary

January 10, 2019
PCT

CAFC Reviews the Effect of the Removal of a Priority Claim in Patent Application Forming Part of a Chain

Fed. Cir. 2017-1962 – CAFC confirms that removing priority claim in a patent application part of a chain of applications will impact the later filed applications.
December 18, 2018
PCT

FCA Reviews Doctrines of Claim Construction and Sufficient Disclosure

2018 FCA 172 – FCA affirms FC’s analysis on sufficient disclosure but quashes claim construction analysis.
December 11, 2018
PCT

CAFC Confirms That Surnames May Be Registered as Trademarks If They Acquired Distinctiveness

Fed. Cir. 2017-1468 – The United States Court of Appeals for the Federal Circuit confirms that surname may be registered as trademark as it acquired distinctiveness.
December 6, 2018
PCT

FC Upholds Registrar’s Decision Refusing Confusing Trademark Registration

2018 FC 951 – The FC reiterates that trademarks will not be registered if they are likely to confuse consumers.
December 4, 2018
PCT

The ONSC Dismisses Apotex’s Attempt to Revive the Promise Doctrine Under the Guise of Fraud

2018 ONSC 5199 – ONSC rejects Apotex’s attempt to recast Promise Doctrine under s. 53 fraud allegations.
November 27, 2018
PCT

Trademark Variants Must Retain Distinctive Features to Show Use of the Registered Mark

2018 FC 941 – The FC confirms that trademark variants must retain distinctive features to demonstrate “use” of the registered Mark.
November 23, 2018
PCT

PAB Rejects Application: Ambiguous and Indefinite Claims are Unpatentable

PAB 1453 – The Patent Appeal Board found that Canadian Patent Application No. 2,612,950 for a “system and method for generating real-time indicators in a trading list or portfolio” was obvious, the claims did not define statutory subject matter and were indefinite.
November 13, 2018
PCT

Federal Court Confirms That Use of a Trademark Variant May Demonstrate Use of a Trademark

2018 FC 855 – Federal Court confirms licensee’s use of trademark variant constituted use of registered trademark.
November 7, 2018
PCT

US Court of Appeals for the Federal Circuit Confirms Test for Obviousness

Fed. Cir. 2017-1977 – The United States Court of Appeals for the Federal Circuit confirms the legal standard for obviousness in patent law.
October 11, 2018
PCT

What Pharma Patentees Need to Know About Canada’s CSP Regime

Canada’s Certificate of Supplementary Protection Regime – an overview a year into its introduction