Category: Patents

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Spring Cleaning: Decluttering From Recent Intellectual Property Detritus & Dusting Off Old Posts

Our favorite thing about spring [is] spring cleaning. It’s a way to say, “I’m dusting off the winter blues and coming out of hibernation.”… At the office, spring cleaning can take on a whole new meaning. It is a chance to reorganize and refresh your workspace and your workflow. Plus, organizing will actually improve your overall focus and … Continue Reading

Parties to exploratory agreements beware: Contractual restrictions on IPR patent challenges are enforceable!

On February 8, 2022, the U.S. Court of Appeals for the Federal Circuit determined that certain restrictions on the ability to challenge the validity of patents are enforceable. Without such restrictions, companies that are being targeted by patent owners do not have any restrictions on the various methods of how they can challenge the patents … Continue Reading

Outcome of Hermes Claim Against MetaBirkin NFT May Provide Glimpse of Future for Fashion, Art in Metaverse

Hermes recently sued a digital artist for knocking off its Birkin handbag through the issuance of MetaBirkin non-fungible tokens (“NFT”). For those not aware of the filing or related media attention, the artist created fuzzy images of the Hermes Birkin handbag and minted them as NFTs. NFTs are digital records of data stored on a … Continue Reading

UNDERSTANDING PRIVILEGE: IS YOUR CANADIAN PATENT AGENT ALSO A LAWYER?

In Canada, there are practising patent agents and trademarks agents who are not lawyers. They are not admitted to any bar of any province or territory in Canada and are not members of any law society. The College of Patent Agents & Trademark Agents (CPATA) is the recently created regulator of patent and trademark agents … Continue Reading

Software Patents: When is enough enough?

Software Patents: When is enough enough?[1] Developing a Disclosure for Software Patents: Discuss with the inventor the technological underpinnings of the novel functional aspects of the software and how those technological considerations support that function. Discuss with the inventor details that link the novel functional aspects of the software description to those technological underpinnings. Ask … Continue Reading

WHAT, IN THE NAME OF GOD, …?: Intellectual Property Rights In Holy Names, Sacred Words, & Other Aspects of Creation

The title of this piece tracks a common “phrase of exasperation used to emphasize a question or statement.”  If that be the case, and I think it is, then the subtitle implies the question this piece will address.  That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent … Continue Reading

Can Patent Claims be Held Indefinite for Failing to Disclose an Algorithm?

Suppose that you want to obtain a patent for an invention and, in your claims of the patent application, you recite terms as a structure with functional language or means-plus-function language.  What if this language requires an algorithm to carry out the function and you fail to disclose the algorithm in your patent application?  Can … Continue Reading

The Eurasian Patent Office has launched the Pharmaceutical Register

Since 1 March 2021, the Pharmaceutical Register of the Eurasian Patent Office (EAPO) is available on the official website of the Eurasian Patent Office. The Register contains information on Eurasian patents protecting active substances of drugs. The EAPO specifically indicates that the Pharmaceutical Register shall relate to the patents protecting pharmacologically active products (chemical compounds, including those described by the same … Continue Reading

Protecting Confidential Information in Canada: Is there a Better Way?

The British Columbia decision Equustek Solutions Inc. v Jack[1] highlights the difficult, time consuming, and expensive exercise that organizations may find themselves in when an employee misuses confidential information. In today’s environment, information can be downloaded, transferred or shared instantly. How can organizations best protect their intellectual property assets and confidential information to maintain their … Continue Reading

AUSTRALIAN PATENT LAW UPDATE – THE HIGH COURT HAS OVERTURNED OVER 100 YEARS OF LAW, FAVOURING THE US DOCTRINE OF EXHAUSTION

Late last year, the High Court of Australia overturned more than 100 years of precedent when it handed down its decision in Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 (Calidad v Seiko). Rather than following the existing principle of ‘implied licence’, in its decision, the High Court adopted a US common law … Continue Reading

CANADIAN INNOVATION DURING THE COVID-19 PANDEMIC

Canadian Innovation Week, namely November 16th to November 20th this year, is a movement organized by the Rideau Hall Foundation and Canadian Innovation Space which seeks to recognize Canadians advancing their respective industries and sectors, to connect individuals across the country and to encourage collaboration, creativity and innovation amongst current and future innovators. Canadian Innovation … Continue Reading

The Supreme Court’s Adjudication on Whether a Post-grant Amendment of a Granted Patent Constitutes an Amendment of the Litigation Claim

When granted with a patent right, the patentee may file a request for amending the description, claim(s) or drawing(s) of the granted patent.  Hence, once an alleged infringer has presented prior evidence sufficient to establish that the patent at issue lacks patentability in a patent infringement litigation case, the patentee is likely to file post-grant … Continue Reading

Can Lawsuits under Breach of Alternative Dispute Resolution (ADR) Clauses Be Suspended Through Preliminary Injunction?

When civil disputes arise, in addition to seeking binding judgment through civil proceedings, parties can resolve the disputes through Alternative Dispute Resolution (ADR) mechanisms such as arbitration, settlement, and mediation.  To avoid the complexities of possible future litigation and expedite dispute resolution, parties to an agreement commonly include an “ADR clause” in their agreement such … Continue Reading

Rebranding or launching a new product in the CPG space? Don’t neglect intellectual property

The coronavirus pandemic has presented many challenges for those in the consumer packaged goods (CPG) space, and beyond. Supply chain disruptions, rapid migration of point-of-sale from brick-and-mortar outlets to online retail, and overall shifts in consumer preference, eating and cooking habits, and personal safety needs has required many CPG companies to reevaluate and reinvent their … Continue Reading

WIPO introduces new business online-service that provides evidence of an intellectual asset’s existence

On 27 May 2020 WIPO launched new online business service, WIPO PROOF1, that provides tamper-proof evidence of the existence at a point in time of any digital file, including data sets, in any format. The WIPO PROOF service generates tamper-proof evidence proving that a digital file existed at a specific point in time, and that … Continue Reading

Can Patent Claims be Cancelled Based on Indefiniteness by the PTAB during an IPR?

For the Patent and Trail Appeal Board (“PTAB”), the PTAB allows a petition for inter parties review (“IPR”) to request cancellation of claims in a U.S. patent.  For an inter parties review of a patent, the PTAB institutes review and determines if claims of a patent are unpatentable.  Can the PTAB cancel claims based on … Continue Reading

The Open COVID Pledge

Intellectual property rights are – by definition – monopolistic. How, then, can researchers, charities and NGOs collaborate with business in the development of new technologies to control and eradicate COVID-19? The Pledge The Open COVID Pledge[1] is intended to encourage business and academia to pledge to make their intellectual property (IP) available free of charge for … Continue Reading

A Recipe for Patent Protection: Are food products patentable?

In the past several years, the food and beverage space has seen an explosion of innovation—alternative meat products, plant-based dairy and protein alternatives, CBD- and collagen-infused everything, and functional foods and beverages and containing everything from pre/pro/post-biotics to nootropic and adaptogenic herbs, just to name a few. And many of these innovations have led to … Continue Reading

Compulsory Licensing in Russia in the view of COVID-19

Nowadays the sphere of healthcare is becoming one of the mostly discussed because of a mass spread of the coronavirus pandemic (also COVID-19). Confirmed cases of COVID-19 around the world have passed more than a 2.4 million. As the disease is continuing to surge the World Health Organization is warning that there are no specific … Continue Reading

Not Only Will We March Again: Committed, Resilient IP Lawyers Marching Still In Time Of COVID

A few weeks back, as remote working and social distancing were becoming the order of the day (and interesting phrase, given what quickly became the norm in many US states and cities, as executive orders abounded), my son tossed a statement in my direction that was both compliment and challenge:  “Isaac Newton developed calculus, among … Continue Reading

COVID-19 and Intellectual Property

Despite the COVID-19 closures and cancellations, some governmental intellectual property offices have not extended deadlines, so parties should remain mindful that protections for individuals and businesses should not be overlooked. Many patent and trademark offices around the world are providing relief for businesses that may have difficulty tending to their intellectual property filings due to other pressing COVID-19-related concerns; some … Continue Reading
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