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Patents

Breaking News Feed: Facebook’s Questionable Patent

Jamie Goodman is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. Facebook, a website whose primary platform is based around the notion of sharing, recently received an exclusive patent on its focal “News Feed” layout, which could very well hinder many other social networking sites from sharing information in a […]

EPO bans Swiss-type claims from patentability, gives green light to new dosage regimes

Nathan Fan is a JD candidate at Osgoode Hall Law School. The EPO’s Enlarged Board of Appeal recently ruled that Swiss-type claims are no longer patentable in the EU, resolving the long-standing question while putting Abbott Respiratory’s patent application case to rest. However, the Enlarged Board’s decision also held that new dosage regimes for an […]

The Doctrine of “Inherent Anticipation” in Canada: A Time for Review?

Darren Hall is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. Addressing the question of whether a prior use will anticipate an invention if that prior use was previously unacknowledged, known as the doctrine of Inherent Anticipation, has been a struggle for Canadian courts.

Maturation of the Software Industy and the Need for Software Patents

Brandon Evenson is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. A patent system is a balancing act. On one hand, a patent system provides incentives to innovate, commercialize, and disclose innovations to society. On the other hand, a patent system discourages the proliferation of innovations in society […]

Broad Anticipation in the Case of the Horny Goat Weed

Alex Gloor is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. The world of patent law has certainly been excited since the Febuary 12th decision of Ex Parte Pfizer made by a U.S. Patent and Trademark Office panel. In this case, the broadest claim within Pfizer’s 2002 “Viagra […]

Could Patent Trolls Save Innovation?

Stuart Freen is a J.D. candidate at Osgoode Hall Law School and is taking the Patent Law course. Non-practicing entities (NPEs) are rarely depicted in a positive light. Particularly in the IT sector, NPEs or “patent trolls” as they are often called are characterized as opportunistic extortionists, amassing large and strategic patent portfolios without actually conducting […]

How to Approach Non-Practicing Entities

Virgil Cojocaru is a JD candidate at Osgoode Hall Law School. Using various processes or technologies is a minefield. Patent trolls or non practicing entities (NPE) are a large part of the problem. Knowing how to deal with their likes becomes a matter of legal tactics and strategy. However, before getting into potential solutions, we […]

Patenting Higher Life Forms in Canada: Resistance and Contradictions

Devin Doyle is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. The onset of genetic modification has generated an entirely new set of issues and problems in relation to patent law. One recent bone of contention in Canada has been determining which life forms can qualify as inventions, and therefore, […]

Patent Application Deemed Abandoned on the Issue of Who Pays the Maintenance Fees

Reshika Dhir is a J.D. candidate at Osgoode Hall Law School and is taking the Patent Law course. In Canada, a correctly filed patent application that may result in a patent is only half the battle won. The minimum 20 years protection is only guaranteed if the applicants, either themselves or through their authorized correspondents in […]