Patents

Case summaries and articles about  patents.

February 5, 2015

Federal Court Reverses Commissioner’s Opinion that Janssen Altered the Prohibition against Patenting of Methods of Medical Treatment

AbbVie Biotechnology Ltd v Canada (Attorney General), 2014 FC 1251 - The core of the Commissioner’s argument was that Janssen Inc v Mylan Pharmaceuticals ULC, 2010 FC 1123, broadened the prohibition against patents on methods of medical treatment to include generally claims which restrict the “how and when” a physician could administer a particular drug. The Court found that the Commissioner had misread Janssen.
January 23, 2015

Patent for using a Short Needle for Intradermal Delivery for Vaccinations Rejected for Obviousness

Commissioner’s Decision # 1371 - The Commissioner refused to grant GlaxoSmithKline’s patent application for an “influenza vaccine formulation for intradermal delivery” due to obviousness since there was always a motivation to use the ID route, but it had always been impractical until the advent of a short needle device.
January 13, 2015

Commissioner Finds Non-Invasive Virtual Reality Training System to be Inventive

Commissioner’s Decision # 1372 - The Patent Appeal Board reversed an examiner’s finding of obviousness for Canadian Patent Application No. 2,554,498, which discloses a virtual reality simulator for training users in the skill of welding.
January 8, 2015

Commissioner Approves eBay’s Automated Email Notification Patent

Commissioner’s Decision # 1369 - Two elements of the invention were found to be inventive: (1) the “push” process for keeping status information up-to-date, and (2) the automatic notification system that automatically sends an email message only when a delivery status has changed.
December 22, 2014

Industry Canada to Amend PM(NOC) Regulations Respecting Patents Listed for Combination Drugs

The proposed amendments are said to clarify the patent listing requirements as they relate to single medicinal ingredients found in combination drugs and confirm Health Canada’s established practices which, in light of recent Federal Court and Federal Court of Appeal decisions, may need to change.
December 19, 2014

Section 52 of Patent Act used to Add Inventors to a Patent after an Omission due to Misunderstanding of Canadian Law

Dr Falk Pharma GMBH v Canada (Commissioner of Patents), 2014 FC 1117 - Pursuant to section 52 of the Patent Act, the Federal Court ordered that the Commissioner of Patents add Peter Gruber to the list of inventors for Canadian Patent No. 2,297,832. Dr. Falk Pharma GMBH, the applicant and owner of the patent, inadvertently omitted Gruber’s name from the list of inventors.
December 18, 2014

NSCA Draws Distinction Between Ordering Patent Assignment and Ordering a Transfer of Interest

Bardsley v Stewart, 2014 NSCA 106 - The Court found that the order was fair as it was merely ordering that Bardsley transfer his interests in the ‘770 Application to the extent possible, thus stopping just short of ordering assignment.
December 12, 2014

UK Court holds email file transfer program is unpatentable subject matter

Lantana Ltd v The Comptroller General of Patents, Design and Trade Marks, [2014] EWCA Civ 1463 - The UK Court rejected a patent on a method of transferring files via email communication for unpatentable subject matter for being no more than a computer program.
November 29, 2014

UK Supreme Court: Patent Infringement Does Not Support a Defence of Illegality

Les Laboratoires Servier v Apotex Inc, [2014] UKSC 55 - The UK Supreme Court rejected the argument that patent infringement could form the basis for the defence of illegality since patent rights do not give rise to the sort of public interest consideration that underpins the defence of illegality.
November 21, 2014

FCA Dismisses Apotex Appeal to have the Promise Doctrine Extended

Apotex Inc v Pfizer Canada Inc, 2014 FCA 250 - The Court rejected Apotex’s sweeping argument that any given promise in the patent must be construed as overarching to all of the patent’s claims.