Patents
Case summaries and articles about patents.
September 5, 2023
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
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
By integrating intellectual property into their growth strategy, Canadian businesses can position themselves for long-term success.
August 14, 2023
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
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
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
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
Since 2020, the USPTO has been denying requests for post-grant validity challenges based on the controversial Fintiv rule.
May 2, 2023
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
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
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
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
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
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
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.
October 25, 2022
2022 QCCQ 6675: Operating as "Fédération des Inventors du Québec", Varin offered to protect inventions but never filed a single patent application at CIPO.
September 30, 2022
If we reframe the question of “Should AI be named an inventor?” in the context of incentivizing innovation, we get a much more elegant question.
August 18, 2022
2022 FCA 142: The Court also commented on the relevant date for determining if an invention has been sufficiently described in the patent application.
June 30, 2022
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.
June 20, 2022
2022 FC 923: For the third time since 2011, CIPO’s approach to software patent eligibility has been struck down by the Federal Court.