Patents
Case summaries and articles about patents.
March 12, 2019
Requests for patent application reinstatements and reversing a patent expiry are about to get more onerous with the new Patent Rules.
February 20, 2019
Shorter Deadlines for PCT Filing in Canada Coming Soon
February 7, 2019
PCK IP’s Andrew Currier is recognized by Who’s Who Legal Canada.
February 4, 2019
PCK IP's Stephen Perry is recognized by Who’s Who Legal Canada.
January 23, 2019
586 U.S. ___ (2019) SCOTUS affirms CAFC's decision holding that if the existence of the sale is public, the invention does not need to be publicly disclosed to fall within the AIA’s on-sale bar.
January 10, 2019
Fed. Cir. 2017-1962 – CAFC confirms that removing priority claim in a patent application part of a chain of applications will impact the later filed applications.
December 18, 2018
2018 FCA 172 – FCA affirms FC’s analysis on sufficient disclosure but quashes claim construction analysis.
December 13, 2018
Overview of the proposed amendments to the Patent Rules, published in the Canada Gazette on December 1, 2018.
December 4, 2018
2018 ONSC 5199 – ONSC rejects Apotex’s attempt to recast Promise Doctrine under s. 53 fraud allegations.
November 23, 2018
PAB 1453 – The Patent Appeal Board found that Canadian Patent Application No. 2,612,950 for a “system and method for generating real-time indicators in a trading list or portfolio” was obvious, the claims did not define statutory subject matter and were indefinite.
November 20, 2018
USMCA – On September 31, 2018, Canada reached a new agreement with the USA and Mexico – here is an overview.
November 7, 2018
Fed. Cir. 2017-1977 – The United States Court of Appeals for the Federal Circuit confirms the legal standard for obviousness in patent law.
November 2, 2018
Bill C-86 – The omnibus bill creates ambiguity in authorized representation before the Patent Office and the Office of the Registrar of Trade-marks.
October 11, 2018
Canada’s Certificate of Supplementary Protection Regime – an overview a year into its introduction
October 3, 2018
2018 FC 956 – Federal Court confirms legal test applicable for protective orders, overturns Prothonotary's Order.
September 26, 2018
2018 FC 694 – Federal Court confirms that motion for early dismissal will only be granted in the clearest of cases.
September 20, 2018
2018 FC 689 – Federal Court confirms that material facts must be pleaded in order to succeed with defence of prior disclosure.
September 13, 2018
2018 FC 311 – Pursuant to section 52 of the Patent Act, the FC ordered the variation of the Patent Office Records in relation to Canadian Patent Nos. 2,614,533 and 2,919,266 to rectify a mistake in the name of the legal owner of the patents.
August 28, 2018
2017 FC 874 - Aitken Klee disqualified from representing Betser-Zelevitch because one of its partners had acted for Nexen in the same action, while at another law firm.
August 14, 2018
PCK IP is pleased to announce the launch of Canadian Patent Law, 3rd Edition.