Patents
Case summaries and articles about patents.
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.
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.