Category Archives: Patent Law

US patent system moves to first-to-file

Today, H.R. 1249, the America Invents Act, passed the US House of Representatives. The US Senate had passed a similar bill (S. 23) in March. The pair of bills have some differences between them that needs to be resolved, but together … Continue reading

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The drive to determine what is patentable

Last week, the U.S. Supreme Court agreed to hear an appeal of Mayo Collaborative Services v. Prometheus Laboratories, Inc., on the issue of whether or not methods of medical diagnosis are patentable in the US. Closer to home, tomorrow is … Continue reading

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Patents claiming a method of doing business – Appeal to be heard in June

As posted earlier, the Federal Court in Amazon v. Canada, 2010 FC 1011 held that a method of doing business (a “business method”) can be patentable subject matter. The Department of Justice on behalf of the Canadian Intellectual Property Office … Continue reading

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The evidentiary standard for challenging US patent validity

Yesterday, the US Supreme Court wrapped up oral arguments for Microsoft Corporation v. i4i Limited Partnership, in which i4i sued Microsoft for patent infringement. This case has attracted worldwide attention, not only because the infringing product (MS Word) is widely … Continue reading

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Prior art and being the first to file a patent application

If you’ve heard of patents before you’ve probably heard of the term prior art.  A prior art is generally a public document that demonstrates the state of the art at a particular time. Since patents are only awarded to an … Continue reading

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Who is paying your maintenance fees?

In Canada, an applicant applying for a patent must pay maintenance fees to the government, even when no patent has yet been granted. The first maintenance fee is due 2 years after the patent application is filed, and continues for … Continue reading

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Kik’s defence to RIM’s infringement lawsuit

Late last year, RIM sued Kik Interactive Inc., the maker of the popular cross-platform instant messaging client Kik Messenger, alleging breach of confidentiality, trademark infringement, and patent infringement.  At the same time, RIM also removed Kik Messenger from BlackBerry App … Continue reading

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The meaning of “sold in Canada” – statutory interpretation

Statutory interpretation – figuring out what a piece of legislation (a law) means – is a complex issue.  As the following case shows, even a simple word like “sold” may have different meanings even within the same piece of legislation. … Continue reading

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Why patents are such a hassle to obtain – the public policy for patents

Many first-time inventors are surprised at the costs and time involved in obtaining a patent.  “Why is a patent so expensive to obtain and takes so many years to issue?”, they ask. Because all patents applications must be carefully prepared … Continue reading

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