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.
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.
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.
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.
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”.
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.
The Court of Appeals for the Federal Circuit found that dependent claims invalidated by collateral estoppel also invalidated the parental independent claim.
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.
2022 QCCQ 6675: Operating as "Fédération des Inventors du Québec", Varin offered to protect inventions but never filed a single patent application at CIPO.
2022 FCA 118: The appeal court saw no reason to interfere with a trial court decision that favoured MEG Energy in its ongoing patent dispute with inventor Jason Swist.