Summary

January 13, 2022
Researcher looking into a microscope in a laboratory.

Federal Court Allows Correction to Inventorship Amidst “Pending Litigation”

Some of the most common errors made in patent applications are in the naming of applicants and inventors. If the mistake is not caught in time, it can cause a nasty headache for the patent owner.
December 29, 2021
Photograph of the "ZARA" trademark in a sign above a Zara storefront.

Trademark Opposition by Fashion Giant ZARA Remitted to Federal Court

The Federal Court of Appeal held that the trial judge cannot intervene in a trademark opposition decision in the absence of any errors by the Board.
December 14, 2021
Photo of office towers in Toronto's financial district.

Abuse of Process Should Only Be Invoked in the “Clearest of Cases”

Four years after the Federal Court of Appeal denied copyright protection for TRREB's real estate database, the fight to control that data continues.
December 6, 2021
Photograph of two people shaking hands.

Scope of Patent Agent Privilege Considered in FCC Decision

The Federal Court has limited the scope of patent agent privilege to communications directly related to the protection of patent rights.
November 23, 2021
Photograph of white pills containing a natural health product

FCA Upholds Refusal to Grant Natural Health Product Licence

Health Canada refused to grant a natural health product license to Canada RNA Biochemical Inc. for its oral lumbrokinase capsules marketed as "Boluke".
November 15, 2021
Photo of computer screen showing a code editor.

Landmark Graphics Benefits Again From PAB’s Post-Choueifaty Approach

2021 CACP 42: Cementing its post-Choueifaty approach to patentable subject-matter in Canada, the PAB found all claimed elements to be essential in the computer-implemented invention.
November 2, 2021
Photo of a hand holding a credit card above a laptop keyboard.

Apple and Visa Persuade Federal Circuit to Invalidate Patents for Secure-Payment

Fed. Cir. No. 2020-2044: The Federal Circuit found that the patents were directed to an abstract idea, with no additional elements to transform them into patentable subject-matter.
August 23, 2021
photo of a hockey stick and a hockey puck on an ice rink.

And He Scores! Patent Infringement Suit Against CCM Hockey Dismissed

2021 FCA 166: The Federal Court of Appeal's observations on the use of prosecution history demonstrate that courts continue to adapt to recent amendments to patent law.
August 18, 2021
Concept art of AI showing a humanoid head made out of glowing green binary numbers on a black background.

Are We Ready to Name AI as an Inventor of Patents?

The Australian Federal Court recently recognized that an artificial intelligence can be listed as an inventor under the Australian Patent Act.
August 9, 2021
Photograph of an auto-injector needle with a drop of liquid at the tip of the needle.

Federal Court of Appeal Reaffirms Overbreadth as Grounds for Invalidity

2021 FCA 154: The FCA held that overbreadth is not an “improper re-emergence of the promise doctrine”. Overbreadth is supported by bargain theory and s. 27 of the Act.