Today, there is much talk about how artificial intelligence plays a significant role in patent drafting and could replace the patent attorney altogether.
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.
CAFC 2018-2207 – The US Court of Appeals for the Federal Circuit ruled that “wherein” clauses in patent claims can be limiting if they are material to patentability.
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.
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.
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.
2018 FCA 36 - The Federal Court of Appeal upheld the Federal Court decision dismissing the application from the Governors of the University of Alberta and Alberta Health Services for judicial review of the Commissioner’s decisions refusing reinstatement of a patent application.
PAB 1420 - Canadian Patent Application No. 2,529,210 filed by Assurant Inc. for a system that routes customer calls based on a sales agent’s past performance was rejected by the Patent Appeal Board, at least for the reasons of non-statutory subject matter and obviousness.
2017 FC 178 - The FC dismissed a request by Bayer for judicial review of a Commissioner’s decision refusing to change the priority filing date for Bayer’s Canadian patent application, based on provisions in the Patent Act and Patent Rules relating to priority claims.