Patents

Case summaries and articles about  patents.

January 10, 2024
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Appeal Board Weighs in on Patentability of Software Subject Matter

2023 CACP 23: Hot on the heels of the recent Benjamin Moore decision, Canada's Patent Appeal Board has considered the patentability of a computer-implemented invention.
October 17, 2023
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To Claim (Broadly), or Not to Claim? The Double-Edged Sword of Patents

Fed. Cir. 2022-1387, 2022-1492: In a recent decision, the Court of Appeals for the Federal Circuit cautioned patent holders against broadening amendments.
October 4, 2023
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Filing Patent Applications in Canada: The Untapped Key to Success

Historically, and apparently still, many companies decide to forgo filing in Canada. We believe that it is time to revisit this analysis.
September 28, 2023
Photograph of a young woman sitting on a blue chair and typing on an MacBook in her lap. Her MacBook is covered with tech-related stickers.

Intellectual Property (IP) Strategy for Entrepreneurs and Technology Graduates

Starting a business can be an exciting endeavour, but many early-stage entrepreneurs overlook the importance of IP in the success of a startup.
September 27, 2023
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Navigating the 2024 Fee Increases for Canadian Patents and Trademarks

On January 1, 2024, the Canadian Intellectual Property Office (CIPO) will implement a 25% increase in most government fees for patents and trademarks.
September 5, 2023
Kristjan Spence, a registered US and Canadian patent agent

Join PCK’s Kris Spence for a Discussion on Patent Strategies in the AI Era

On September 12, 2023, PCK’s Kris Spence will moderate a panel of patent experts to share insights and shed light on IP strategies for AI inventions.
August 30, 2023
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US Court Rules That Free Samples Don’t Count Towards Commercial Success

Fed. Cir. 2021-2063, 2021-2065: Sales of a product can be used to prove the inventiveness of a patent, but a US court warns that free samples are not relevant to patentability.
August 17, 2023
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The Importance of Having an Intellectual Property (IP) Strategy

By integrating intellectual property into their growth strategy, Canadian businesses can position themselves for long-term success.
August 14, 2023

Back to the Motherboard: Still No Clear Test for Software Patent Subject Matter

2023 FCA 168: In its long-awaited decision, the FCA reiterated the importance of judicial minimalism and rejected a structured analytical framework.
August 8, 2023
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Can AI Be an Inventor? Redux

While previous discussions have mostly disagreed that AI can be an inventor, generative AI is likely to have a wide impact on the patent system.
June 1, 2023
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Preserving the Patent Bargain: U.S. Supreme Court Limits Amgen’s Monopoly

No. 21-757 (Supreme Court May 18, 2023) The Supreme Court of the United States applied bargain theory in its long-awaited decision regarding the enablement requirement of the Patent Act.
May 16, 2023
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ChatGPT: A Limited Tool for Patent Agents, Not a Solution for IP Strategy

ChatGPT can provide some very useful efficiencies for patent agents. Here are six ways Andrew Currier has integrated ChatGPT into his patent practice.
May 11, 2023
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Federal Circuit Re-Opens Challenge to the Fintiv Rule

Since 2020, the USPTO has been denying requests for post-grant validity challenges based on the controversial Fintiv rule.
May 2, 2023
Photograph of clothespins hanging upside down on a clothesline, the clothespins resemble the letter "A".

The Federal Circuit Interprets the Meaning of “A” in Patent Claims

Fed. Cir. No. 2021-2320, 2021-2376: Typically patent drafters omit phrases like “at least one” from patent claims to improve readability, but a recent court decision may reverse the trend.
March 22, 2023
Photograph of two inventors wearing lab coats in a scientific laboratory. The nearest inventor is looking into a microscope. There are beakers on the counter beside her.

Federal Court Allows Addition of Third Inventor to Two Patents

2023 FC 115: The Court found that the omission of the third inventor was a result of inadvertence, rather than delay, and allowed the correction.
February 3, 2023
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Can the Patent System Help Safeguard Canadian Military Innovations?

Most major countries in the world, including the USA and China, require innovators to secure a “foreign filing license” before they can seek patent protection in a foreign country. Canada has no such regime, but perhaps it's time.
January 20, 2023
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Past Conduct Deemed Relevant to Infringement in ANDA Proceedings

CAFC No. 22-1595: In this precedential decision on induced infringement, the Federal Circuit clarified that “past conduct is relevant to what will happen in the future”.
January 5, 2023
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USPTO to Launch Cancer Moonshot Expedited Examination Pilot Program

Starting on February 1st, the US Patent and Trademark Office (USPTO) will offer accelerated examination for patent applications aimed at preventing cancer and cancer mortality.
December 22, 2022
circuit board

Federal Circuit Applies Collateral Estoppel in IPR Proceedings

The Court of Appeals for the Federal Circuit found that dependent claims invalidated by collateral estoppel also invalidated the parental independent claim.
November 29, 2022
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Canada’s Highest Court Upholds $644M Award for Patent Infringement

2022 SCC 43: The Supreme Court of Canada handed down a decision that awards Dow Chemical $644 million—the largest monetary offering in a Canadian patent lawsuit.