The granting of a patent has often been described as a bargain [1] between the government and the patentee. In exchange for the exclusive right [2] to make, construct, use and sell their invention, the inventor will disclose the details of their discovery and, upon the patent’s expiry, the invention will be made available to […]
As the new Liberal government turns its mind to the application of substantive policies, it will have to decide what to do with the Canadian orphan drug regulatory framework (ODRF) that has been in development. This framework, based in large part on the example of the United States Orphan Drug Act (US ODA), which has […]
Modern multi-lateral trade treaties do not habitually soften IP protection. The Trans-Pacific Partnership (TPP), signed October 5th, is no exception. With prescription drug costs increasingly weighing on Western nations, does the TPP strike the best balance between protecting patents and incentivizing innovation?
This article is cross-posted with permission from Bereskin & Parr. The United States Patent and Trademarks Office (USPTO) has released an updated set of Eligibility Examination Guidelines to provide guidance to examiners on when to reject claimed inventions as ineligible abstract ideas. These guidelines give a sense of what computer-implemented subject matter the USPTO considers […]
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 […]
This is an excerpt from a paper by Adam Falconi, the recipient of the 2015 Barry D. Tomo Memorial Prize for best research paper on a subject related to industrial or intellectual property law. The full paper will appear in the upcoming edition of the Intellectual Property Journal (IPJ). In September of 2014 the consolidated […]
United States Supreme Court Justice Elena Kagan is a fan of comics. If you had not already read that in her bio at SCOTUS-tracking blog Supreme Court Review, you might have inferred it from the Spiderman references she included in her Kimble v. Marvel (“Kimble“) decision. She even supported her final decision, declining to overturn the limits […]
Introduction A new business that plans to bring a new and innovative product or service to market ought to address patents right from the first draft of their business plan.
Expiring patents are expected to contribute billions of dollars towards the loss of revenue of drug manufacturers in the years to come. To save itself from falling off the patent cliff, Big Pharma needs to restock its R&D shelves in a cost-effective manner. Aside from developing niche products like biologics and acquiring companies with promising drugs […]
INTRODUCTION Access to medicines goes hand in hand with the protection of intellectual property rights. At a time when the United States is undertaking large-scale reforms in both the intellectual property and healthcare arenas, it is worth thinking more deeply and broadly about the connections between the two. In March 2010, Congress enacted the Patient […]