The Federal Court of Canada’s recent judgment in Benjamin Moore & Co. v. Canada (AG), 2022 FC 923, ordered Canadian patent examiners to apply a new legal framework when they assess computer-implemented inventions for subject-matter patentability. The three-part test was proposed by the Intellectual Property Institute of Canada (IPIC), who intervened in the case. IPIC…
27 June 2022 Novagraaf Group To print this article, all you need is to be registered or login on Mondaq.com. Choosing a ‘strong’ brand name for your business can be a challenging undertaking. Depending on your market and industry, there is a risk that your preferred name will have already been registered as a trademark…
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Ricardo Costa Macedo, Head of the Life Sciences and Intellectual Property groups at Caiado Guerreiro, clarifies the available intellectual property protection in the healthcare industry including trademarks, patents, domain names, and trade secrets. It is known that there is an increased demand for health services across the world. Global population growth, aging population and an…
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27 June 2022 Spruson & Ferguson To print this article, all you need is to be registered or login on Mondaq.com. On 9 and 10 June 2022, a hearing was held in the High Court of Australia in the case of Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents. Spruson & Ferguson…
24 June 2022 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP To print this article, all you need is to be registered or login on Mondaq.com. To date, there have been relatively few patent proceedings relating to cannabis patents and no court has issued a finding of infringement. With the interest in potential utility…
Read More “A Brief Summary Of Patent Proceedings Involving Cannabis Patents – Patent” »
It’s been a busy few days for Director Vidal and the USPTO, with the Office providing updated guidance on how the PTAB will apply its discretion under Fintiv when considering post-grant petitions and separately issuing updated guidance on the interim Director review process. Fintiv Update On June 22, 2022, the Office issued a memo providing…
23 June 2022 Wolf, Greenfield & Sacks, PC To print this article, all you need is to be registered or login on Mondaq.com. The Board denied a petition for cancellation of registrations for the mark RESET for “Software for the treatment of substance use disorder” and RESET-O for “Software for the treatment of…
How to find potential licensees, how to be more efficient in licensing, how to identify relevant royalties-these lingering problems will be gone after the landing of the patent open license system. In an effort to ensure the smooth and fast execution of the system, the CNIPA recently released the Trial Program on Patent Open License,…
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No recent Patent Trial and Appeal Board (PTAB) decision has been more impactful than Apple Inc. v. Fintiv, Inc., IPR2020-00019 (Mar. 20, 2020). It has led to about 200 discretionary denials of post grant proceedings, sparked the filing of a lawsuit, and generated proposed legislation to abolish it. In the latest twist, the US Patent…
On June 21, 2022, PTO Director Katherine Vidal issued a memorandum setting forth her interim procedure for discretionary denials in AIA post-grant proceedings with parallel district court litigation, found here (“Memo”). The interim procedures, which go into effect immediately, should eliminate the uncertainty that many IPR petitioners currently face regarding whether the PTAB will consider…
