Canada’s Data Protection regime was upheld by the Federal Court of Appeal on December 9, 2010 (see Apotex Inc. v. Canada (Health), 2010 FCA ... Read more »
Congratulations to Susan Chao of MBM on a successful Trademark Opposition on behalf of Avon Products, Inc. The Trademarks Opposition Board r... Read more »
One of the more daunting tasks for any patent practitioner is to conduct a thorough search of the prior art. There are databases available t... Read more »
On October 14, 2010, Justice Phelan of the Federal Court of Canada, released his decision ("the decision") in the case of Amazon.c... Read more »
Canadian jurisprudence clearly sets forth a prohibition against double patenting. Double patenting, in Canada, is simply not limited to “sam... Read more »
In an effort to promote the commercialization of green technologies, the Canadian Intellectual Property Office (CIPO) has proposed amendment... Read more »
On October 14, 2010, Justice Phelan of the Federal Court of Canada, released the anxiously awaited decision ("the decision") in th... Read more »
The Canadian Intellectual Property Office (CIPO) released a revised Chapter 16 of the Manual of Patent Office Practice (MOPOP) relating to c... Read more »
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One of the topics covered in a recent Webinar hosted by the PCT E-Services Unit on September 7th and 8th 2010, was the new Priority Document... Read more »
On August 13, 2010, in the case of Ultramercial, LLC v. Hulu, LLC, California Central District Court Judge R. Gary Klausner ruled that U.S. ... Read more »
Under Section 19 of the Patent Act the Federal or any Provincial Government of Canada can apply for a compulsory license to any patent. Th... Read more »
Utility Where there is a new compound, utility can be described in the specification. For a new use for an old compound, utility must be s... Read more »
The Trade-marks Office released a new Practice Notice on September 2, 2010, to clarify its practice with respect to priority claims. The Pr... Read more »
Any interested person can seek to invalidate an issued patent under S. 60 of the Canadian Patent Act . The threshold for standing is relativ... Read more »
A minor claim construction issue that arose in AstraZeneca Canada Inc. v. Apotex Inc ., 2010 FC 714 highlights the need for clarity in claim... Read more »
When conducting an obviousness inquiry the framing of the inventive concept may drive the result. Canadian law post Apotex Inc. v. Sanofi-S... Read more »
When the invention is a result of combining elements from two different fields it should be framed (from specification onwards) as an improv... Read more »
Make sure you get your copyright assignments in writing. No assignment or grant is valid unless it is in writing signed by the owner of the ... Read more »
Canadian Patents which are overbroad by reason of “mistake, accident, or inadvertence” can be unilaterally disclaimed at any time by filing ... Read more »