Great stories about patents and other IP
Is intellectual property law the new protectionism? Canada should be wary
Nov21

Is intellectual property law the new protectionism? Canada should be wary

Assistant professor of political science at Brock University and the author of Copyfight: The Global Politics of Digital Copyright Reform. Intellectual property is already shaping up to be a key battleground in the debate over the Trans-Pacific Partnership. And rightly so – the agreement’s IP sections could have the most far-reaching effect on businesses and consumers in Canada and throughout the world. In a world where innovation is...

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Canadian Federal Court of Appeal questions the standard of review on patent claim construction
Nov20

Canadian Federal Court of Appeal questions the standard of review on patent claim construction

Whether south or north of the US-Canada border, the proper standard of review of patent claim construction sometimes, especially in complex cases, can be problematic. South of the border, a recent decision of the Supreme Court of the United States signals a growing acceptance that deference should be accorded to the interpretation of patents reached by those who have seen experts and evaluated them: Teva Pharmaceuticals USA v Sandoz,...

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Trans-Pacific Partnership: what does it say about patents?
Nov12

Trans-Pacific Partnership: what does it say about patents?

Here in Washington, D.C., the Trans-Pacific Partnership (TPP) is the latest talk of the town. The TPP is a proposed trade agreement among twelve Asia-Pacific countries concerning a variety of economic policy matters, including intellectual property. TPP’s membership includes several of the U.S.’s largest trading partners, e.g., Canada, Japan, and Mexico. The membership countries reached agreement in early October after years of...

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The “reasonably diligent search” in Canadian obviousness analysis
Oct17

The “reasonably diligent search” in Canadian obviousness analysis

Overview Can a book on a dark and dusty shelf in a public library render a patent obvious? In the recent decision of E Mishan & Sons Inc v Supertek Canada Inc, 2015 FCA 163, the Federal Court of Appeal noted that none of the parties made any submissions regarding whether the codification of the test for obviousness changed the test for determining what documents would be included as part of the relevant prior art. Absent any such...

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