Patents

Case summaries and articles about  patents.

June 30, 2022
Photograph of a silhouette of a pumpjack in an oil field.

Inventor Fails to Extract a Win on Appeal Against Oil Producer MEG

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
Photograph of three baseballs on the grass, representing three strikes.

Three Strikes: Federal Court Rejects CIPO’s Approach to Software Patent Eligibility

2022 FC 923: For the third time since 2011, CIPO’s approach to software patent eligibility has been struck down by the Federal Court.
June 6, 2022
Photograph of a chimpanzee that appears to be thinking

Can AI Be an Inventor? Let’s Ask the Chimpanzees

If an AI produces an invention which satisfies the requirements of patentability, who is the inventor—the creator of the AI or the AI itself?
May 30, 2022
Photograph of a seedling plant sprouting in the soil.

Federal Court of Canada Squashes Contempt of Court Claim

In 2021, the Federal Court found GreenBlue infringed Deeproot's patents and granted an injunction. In 2022, the court was unconvinced that GreenBlue violated the injunction.
May 12, 2022
Engineer at an oil refinery inspects centrifuge equipment.

Federal Circuit Narrows Application of the Experimental Use Exception

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
Photograph of Scrabble tiles arranged to form the term "WORDS"

Rethinking “Said” vs. “The” in Patent Claims

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
A photo of two TSA-approved luggage locks bearing the red Travel Sentry logo.

Maker of Travel Locks Fails to Revive Patents on Appeal

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
Photograph of a computer user typing on a laptop

Courts Must Consider Patent Examiner’s Interpretation of Claims

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
Photograph of the Peace Tower at the Canadian parliament buildings taken from the ground so that the clock peeks out from behind another building.

Considerations for Applicants Before the Canadian Patent Rules Change

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
A photo of an iPhone screen showing an icon to launch the Google app.

Google’s AdWords Defeats Competitor’s Patent Infringement Claim

Canada's Federal Court dismissed allegations by Paid Search Engine that Google infringed a patent for optimizing paid search engines.