Patents
Case summaries and articles about patents.
May 12, 2022
Under the “on-sale bar”, privately offering to sell an invention before filing a patent application can void the patent rights in all but a few permissible scenarios.
March 16, 2022
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.
March 7, 2022
Travel Sentry, Inc. v David A. Tropp, No. 2021-1908 (Fed. Cir., Feb. 14, 2022). The patents claimed an economic practice and method of organizing human activity, which is not subject-matter that can be protected under the patent system.
February 24, 2022
The US CAFC ruled that an examiner is a "person of ordinary skill in the art" and is owed an appropriate level of deference.
February 7, 2022
Patent applicants may wish to request examination for their Canadian patent applications soon to take advantage of the fees under the current Patent Rules.
February 3, 2022
Canada's Federal Court dismissed allegations by Paid Search Engine that Google infringed a patent for optimizing paid search engines.
January 27, 2022
The prior use defence allows a business to continue activities that would otherwise be patent infringement, if the activities pre-date the filing date of the patent.
January 24, 2022
Outside Canada, Teva’s Copaxone® 40mg/mL dosing patents have been invalidated for obviousness, making way for generic competitors.
January 13, 2022
Some of the most common errors made in patent applications are in the naming of applicants and inventors. If the mistake is not caught in time, it can cause a nasty headache for the patent owner.
October 26, 2021
When budgeting for a patent, all tech startups face this conundrum: “I need investors to pay for a patent, but I need a patent to attract investors.”