Blog
September 21, 2021
The winner of PCK's first internship and scholarship is Rashad James, a student at Western University in Ontario, Canada.
September 14, 2021
Fed. Cir. Nos. 20-2321-2325: The Federal Circuit clarified that, while an applicant is required to pay all the expenses of PTAB proceedings, this does not include expert witness fees.
August 30, 2021
Provisional patent applications are generally well known in the start-up community as an affordable way to protect patent rights, but it can be hard to locate practical information. Here are the questions that our clients most frequently ask us about provisional patent applications.
August 23, 2021
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
The Australian Federal Court recently recognized that an artificial intelligence can be listed as an inventor under the Australian Patent Act.
August 9, 2021
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.
July 27, 2021
2021 FCA 137: On July 12, 2021, the Federal Court of Appeal issued a decision dismissing an application for judicial review of a decision of the Minister of Health denying data protection for a drug. Janssen Inc. had sought protection for its drug SPRAVATO but was rejected on the basis that it was not an “innovative drug” eligible for such protection.
July 21, 2021
The trick is to efficiently resource patent and SR&ED initiatives while keeping product development on track. Here are a few tips that can help you do that.
July 15, 2021
Proposed changes to Canada’s patent system include excess claim fees and limits on office actions which will lay the groundwork for patent term adjustments.
July 7, 2021
Fed. Cir. No. 2020-1760: The CAFC sided with Apple and Samsung, finding a patent for an “improved” digital camera to be an abstract idea and not patent-eligible subject matter.
June 21, 2021
2021 FCA 100: A recent decision affirms the Federal Court's power to make site-blocking orders requiring third-party ISPs to limit access to copyright-infringing content.
June 7, 2021
2021 CACP 9, 2021 CACP 12: In two recent decisions involving software patents, the Patent Appeal Board found the inventions to be directed to patentable subject-matter
June 2, 2021
2020 BCCA 361: A BC court upheld one of Canada's largest awards for trade secret theft. GEA was awarded over $7 million against a group of former employees.
May 19, 2021
As the pandemic rages and the vaccines roll out, we face a difficult question about whether to relax patents on COVID-19 technologies in order to accelerate global vaccine distribution. For intellectual property professionals, we must ensure that we help guide the right policy decision. History is going to judge us.
May 12, 2021
Co-authors Stephen Perry and Andrew Currier have drawn on years of experience in the field of IP to craft a complete resource for the patent prosecutor.
May 4, 2021
2021 ONSC 2881: In a copyright dispute over source code, an Ontario court has agreed to extend an existing injunction to cover a new software product released by LDX Inc.
April 22, 2021
No. 18-956: In ruling that Google's copying of Java code amounted to fair use, the court adapted traditional copyright laws to software, which is primarily functional in nature.
April 20, 2021
This paper uses publicly available filing statistics and a professional survey in an attempt to gather empirical data on the work done by Canadian Patent Agents in the Canadian Intellectual Property Office (“CIPO”) versus the United States Patent and Trademark Office (“USPTO”).
March 30, 2021
Draft regulations for the College of Patent Agents and Trademark Agents pose an alarming concern for patent agents dual qualified before the USPTO and CIPO.
March 26, 2021
2021 FC 85: The Federal Court upheld the validity of all claims, but found that PetroChina was not infringing Maoz Betser-Zilevitch's patent for an SAGD.