Blog

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 24, 2022
Headshot of CEO, Andrew T. Currier

Support Andrew Currier for CPATA Board of Directors

The College of Patent and Trademark Agents (CPATA) will hold its Board elections from April 11, 2022 to April 14, 2022.
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.
January 24, 2022
Photo of a pharmacist holding out a yellow pill in one hand and a white pill in another hand. A patient reaches for the yellow pill.

Teva Blocks Competitor With Patent for 40 mg/mL Dose of Copaxone®

Outside Canada, Teva’s Copaxone® 40mg/mL dosing patents have been invalidated for obviousness, making way for generic competitors.
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.