Patents

Bringing Biologics in from the Cold: Does Canada’s IP Regime Need a Booster?

As ratification stutters for the Comprehensive Economic and Trade Agreement (CETA), the much-maligned free-trade deal between Canada and the European Union, debate continues as to whether the Canadian intellectual property (IP) regime will provide adequate protection for innovative biologic medicines in relation to subsequent-entry biologics (SEBs). Biologic medicines are complex molecules derived from living organisms […]

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 […]

Utility Emphasis Lacking in the Examination of Aggregations

The distinction between combinations and aggregations is a well-accepted principle of patent law. A combination is an assemblage of known elements whose combined use leads to a result that is different from the sum of the results of the individual elements. Whereas, an aggregation is an assemblage of elements that each produce their expected result […]

Big Telecom versus Video Games: Big Implications

As reported on Kotaku.com – “British Telecommunications, a multinational mega-conglomerate with origins dating back to the 1800s, is suing Valve, a video game company that can’t count to three”. British Telecommunications (BT) alleges that on-line services offered by Valve infringe on four U.S. patents held by BT. The patents at trial are broadly worded and could implicate […]

A Look Back on the Development of Software IP Law

Aviv Gaon on Mr. David L. Hayes’ opening session presentation at the 20th Annual BCLT/BTLJ Symposium, Berkeley, California Setting the Stage for the Future Last April, I had the pleasure of participating in the 20th annual Berkeley Center for Law & Technology and Berkeley Technology Law Journal Symposium. The symposium was focused on the past, […]

Pole Vault in Rio 2016: A Contest of Skill or a Contest of Patents?

With the Rio 2016 Summer Olympics getting started on August 5th, there is no time like the present to explore the evolution of patents relating to the vaulting pole. Originally, pole vaulting was a practical way to cross obstacles, such as rivers or enemy walls. Inevitably, this led to competitions among Ancient Greeks, Cretans and Celts. […]

More Money, More Problems: The Science, the Law, and the Fight over CRISPR Patents

From Lab Bench to Court Bench: The Science, the Law, and the CRISPR Patent Dispute Whenever a new technology has the potential to be ground-breaking and extremely valuable, there are bound to be disputes about invention and ownership. From Nikola Tesla and Thomas Edison to the new space race, scientists and inventors are often driven […]

Pharmaceuticals Main Attraction in TPP IP Chapter

Patent law can be a polarizing topic, but it is especially so during international trade negotiations. Perhaps this is because the principles of patent law create fundamental conflicts between those that own patents and those that pay for patents. Despite this divide, these negotiations, along with some international diplomacy, often produce patent chapters that fall […]

IP Year in Review 2015: A Look Back on the IP Stories That Will Shape 2016

2015 was an eventful year in intellectual property (IP) law worldwide. Canada in particular saw a lot of activity across all three major areas of IP in both legislation and jurisprudence. Topping the IP news charts was the proposed ratification of the Trans-Pacific Partnership (TPP): a wide-ranging international deal negotiated by twelve nations, including Canada.

IP in 3D: How IP Owners Should Respond to 3D Printers

Although intellectual property (IP) law adequately protects many forms of IP, the coming commercialization of cheap 3D printers may facilitate new means of mass pirating that existing law cannot prevent. Though legal reform is the common strategy used to deal with IP challenges, the efforts of IP owners might be better spent finding new ways to monetize […]