Patents
Case summaries and articles about patents.
June 6, 2022
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
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
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.”
October 5, 2021
Fed. Cir. No. 19-2286: The actual notice requirement of § 287 is only satisfied when the recipient is informed of the identity of the patent and the allegedly infringing activity.
September 14, 2021
Fed. Cir. Nos. 20-2321-2325: The Federal Circuit clarified that, while an applicant is required to pay all the expenses of PTAB proceedings, this does not include expert witness fees.
August 30, 2021
Provisional patent applications are generally well known in the start-up community as an affordable way to protect patent rights, but it can be hard to locate practical information. Here are the questions that our clients most frequently ask us about provisional patent applications.
August 18, 2021
The Australian Federal Court recently recognized that an artificial intelligence can be listed as an inventor under the Australian Patent Act.
August 9, 2021
2021 FCA 154: The FCA held that overbreadth is not an “improper re-emergence of the promise doctrine”. Overbreadth is supported by bargain theory and s. 27 of the Act.
July 27, 2021
2021 FCA 137: On July 12, 2021, the Federal Court of Appeal issued a decision dismissing an application for judicial review of a decision of the Minister of Health denying data protection for a drug. Janssen Inc. had sought protection for its drug SPRAVATO but was rejected on the basis that it was not an “innovative drug” eligible for such protection.
July 21, 2021
The trick is to efficiently resource patent and SR&ED initiatives while keeping product development on track. Here are a few tips that can help you do that.
July 15, 2021
Proposed changes to Canada’s patent system include excess claim fees and limits on office actions which will lay the groundwork for patent term adjustments.