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Electronic Processes

Blockchain on Every Street Corner – Walmart and the Rise of Mainstream Blockchain Patents

Walmart’s American patents and reported patent-related activities over the last few months show just how common blockchain-based technology is going to become in the immediate future. Walmart currently holds such patents for a delivery management and locker reservation system, and for a system of managing individual medical records. They have reportedly filed patent applications for a […]

Patenting the Online Peer Review Process?

Yes, it is apparently possible – Elsevier just did it. Elsevier is one of the largest science and medical publishers in the world. Prestigious journals, such as Cell and The Lancet, are amongst its products. Over the years, it has been the subject of a number of criticisms, including its pricing regime (see here, here […]

Means for Invalidating a Patent: Lessons from the Eon Corp v. AT&T Decision

This article is cross-posted with permission from Bereskin & Parr. It is very important to provide adequate disclosure when using “means-plus-function” claims in a U.S. patent, particularly in the field of software. “Means-plus-function” claims include elements that are defined in a functional (as opposed to structural) manner, such as “means for tying a shoe”, and […]

Alice Corp., Software Patents, and Lighting the Rabbit Hole of Abstract Ideas

It’s often hard to recognize the evolving nature of legal regimes amidst the fast-paced and so-called revolutionary social and technological changes facilitated by digital and networked technologies. Laws, norms, and conventions developed over centuries are being problematized and rethought as new social, technological, and economic realities emerge. Computer software, a technology that’s mainstream adoption is […]

Apple's Appealing Patent Result

In the latest episode of the Apple patent saga, the United States Court of Appeals has altered a decision by the International Trade Commission (ITC) discussing two crucial features of the modern smartphone: multi-touch functionality and a method of determining if this touch is a “finger touch.”

CIPO Examination Practice Respecting Purposive Construction: A Marked Deviation From Whirlpool and Free World Trust

On November 24, 2011, the Federal Court of Appeal released its decision for Amazon.com, Inc. v. The Commissioner of Patents, 2011 FCA 328.  This case related to patent application 2,246,933 filed by Amazon.com, Inc. entitled “Method and System For Placing A Purchase Order Via A Communications Network”. Popularly known as the “one-click shopping cart” case, […]

Software Becomes that Much Harder to Patent in the United States

In the recent decision of Bancorp Services v Sun Life Assurance Company of Canada (U.S.), the United States Court of Appeals for the Federal Circuit has attempted to reconcile the eligibility of software and business process patents with previous decisions from the United States Supreme Court. The holding also makes qualifying patent eligibility in business […]

The EPO Rules that Email Use will not Publically Disclose a Patent

Koninklijke Philips Electronics N.V. has survived a challenge against its “Display Device” patent by DSM IP Assets B.V. in a ruling by the Boards of Appeal of the European Patent Office (EPO) that tries to clarify the law around public disclosure of a patent and the use of email.

Amazon.com Appeal Allowed By The Federal Court Of Appeal

Nora Sleeth is a JD candidate at Osgoode Hall Law School. In June 2011, Amazon.com appeared before the Federal Court of Appeal as respondents in an appeal of the Federal Court’s decision that Amazon’s “one-click” business model was patentable subject matter. On November 24, 2011, the Federal Court of Appeal released its decision and allowed […]