Patents
Case summaries and articles about patents.
September 4, 2024
Divisional patent applications play a crucial role in patent portfolios, particularly when an application describes multiple closely related inventions.
May 29, 2024
2024 FCA 23: In Pharmascience v Janssen, the Federal Court of Appeal offers additional commentary on the patentability of methods of medical treatment in Canada.
January 10, 2024
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
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
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
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
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
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.