ArticleDosage Regimens In Canada: Patentable Subject Matter?It is well known that methods of medical treatment do not constitute patentable subject matter in Canada.CanadaIntellectual PropertySmart & Biggar
ArticleEli Lilly Granted Leave To Add New Cause Of Action Of Direct Infringement Of "Composition For Use" Claims, Absent Allegation Of Direct Infringement By PatientsProposed amendments disclosed reasonable cause of action.CanadaIntellectual PropertySmart & Biggar
ArticleFederal Court Decision Regarding Glatiramer Acetate Finds One Patent Obvious And Another Valid And InfringedOn January 6, 2021, the Federal Court issued its decision in two patent infringement actions pursuant to subsection 6(1) of the Patented Medicines CanadaIntellectual PropertySmart & Biggar
ArticleGene Patents Remain Valid In CanadaThe case involving a Children's Hospital of Eastern Ontario ("CHEO") challenge to an isolated gene patent has settled.CanadaIntellectual PropertySmart & Biggar
ArticleHigh Court Holds That AI Machines Cannot Be Inventors, Further Paving Way For Legislative Phase Of The DABUS SagaOn September 21, 2020, the High Court of England and Wales dismissed an appeal and upheld the decision of the UK Intellectual Property Office (UKIPO) that a machine cannot be regarded as an inventor under the UK Patents Act 1977.CanadaIntellectual PropertySmart & Biggar
ArticleMind The Gap – U.S. Provisional ApplicationsMPHJ Tech v. Ricoh is a 2017 decision of the U.S. Federal circuit, which should caution patent applicants and agents that differences between a provisional and regular filing can have profound effects...CanadaIntellectual PropertySmart & Biggar
ArticleObviousness Of Lilly's Tadalafil (CIALIS) Dosage Form Patent StandsThe Federal Court of Appeal has dismissed Lilly's appeals of judgments that held Canadian Patent No. 2,371,684 claims invalid. CanadaIntellectual PropertySmart & Biggar
ArticlePatent Lessons From The Google v. Oracle API DisputeThe United States Supreme Court (SCOTUS) recently issued a landmark copyright decision in Google LLC v Oracle America, Inc. finding that Google was not liable for copyright infringement...CanadaIntellectual PropertySmart & Biggar
ArticlePM(NOC) Invalidity Grounds May Extend Beyond NOAThe Federal Court, in its recent decision Sunovion Pharmaceuticals Canada Inc. v. Taro Pharmaceuticals Inc. (2021 FC 37)CanadaIntellectual PropertySmart & Biggar
ArticlePMPRB Releases Analytic Study Of Canadian Oncology MarketOn October 27, 2020, the Patented Medicine Prices Review Board released the National Drug Prescription Utilization System's analytic study of the Canadian oncology market for 2010 to 2019. CanadaIntellectual PropertySmart & Biggar
ArticlePreparing For Canada's 150th Anniversary – What You Should Know About Using Canadian Symbols2017 will mark the 150th anniversary of Canadian confederation. The government of Canada has already started the countdown, and many businesses are preparing to join in the celebrations.CanadaIntellectual PropertySmart & Biggar
ArticleProposed Changes To PIPEDA May Affect Balance Between Intellectual Property Owners And Individual PrivacyA Bill, short-titled the "Digital Privacy Act", was introduced in the Senate on April 8, 2014.CanadaIntellectual PropertySmart & Biggar
ArticleRange In Dosage Regimen Claims Found Not To Invoke Physicians JudgementThere has been a significant amount of uncertainty in Canada regarding the patentability of use claims which include dosages and dosage regimens. CanadaIntellectual PropertySmart & Biggar
ArticleRun That By Us Again? Court Refuses To Permit Appeal And Orders Costs Against Victim Of Trade-Marks Office Mistake.Occasionally, results of litigation seems so surprising that you wonder if there has to be more to the case than what the decision disclosesCanadaIntellectual PropertySmart & Biggar
ArticleSCC To Revisit "Method Of Medical Treatment" Patent ClaimsThis spring, the Supreme Court of Canada (SCC) will consider the scope of patentable subject-matter as it relates to "methods of medical treatment".CanadaIntellectual PropertySmart & Biggar
ArticleThe Old Man And The Sea Of IP - A Licensing-Out PrimerLicensing-out is not just for low-tech consumer products, it can also be used to commercialize cutting edge science. CanadaIntellectual PropertySmart & Biggar
ArticleThe Perils Of Joint Ownership Of IPA cautionary tale from south of the border.CanadaIntellectual PropertySmart & Biggar
ArticleThe USPTO's Fast-Track Patent Program Spurs On COVID-19 InnovationsThe United States Patent and Trademark Office (USPTO) announced another new initiative relating to COVID-19 to help encourage innovation for products and processes related to COVID-19.CanadaIntellectual PropertySmart & Biggar
ArticleTrademarks And Geographic Place Names — CIPO Updates Its PracticeOn November 9, 2016, the Canadian Trademarks Office issued a Practice Notice to clarify its position with respect to trademarks that are geographic names. CanadaIntellectual PropertySmart & Biggar
ArticleTrademarks: International Update - CanadaAlthough pharmaceutical counterfeiting has not, historically, been a problem of significant magnitude in Canada, with counterfeit health products on the rise globally, fraudulent drugs are increasingly showing up...CanadaIntellectual PropertySmart & Biggar