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Patents

In Re Lister: Examining Accessibility in Searches for Prior Art

Alex Gloor is a JD Candidate at Osgoode Hall Law School. A search for prior art is performed before any patent application is filed. This purpose of this search is to try and ensure that the invention in question satisfies the novelty and non-obviousness requirements. However, the scenario may arise where documents containing relevant prior […]

IP Osgoode Speaks: Justice Marshall Rothstein on Business Method Patents

Nirav Bhatt is an LLM Candidate at Osgoode Hall Law School. Last Friday, IP Osgoode hosted a guest lecture by Justice Marshall Rothstein of the Supreme Court of Canada as part of IP Osgoode’s speaker series.  He discussed subject matter patentability, business method patents and possible approaches that a Canadian court might take in deciding […]

The 2008 Berkeley Patent Survey

Brian Chau is a JD candidate at Osgoode Hall Law School. Given the essential role that entrepreneurs play in driving the economy, there is no question that the creation of patent laws must take into account the protection of their interests. From a small business perspective, patents play a large role not only in helping protect their inventions […]

India’s Pre-Grant Patent Oppositions – A True Remedy?

Nigel D’Souza is a JD Candidate at Osgoode Hall Law School. I have finally returned home to Toronto after spending three difficult months in India. I have travelled to India before but never during the summer. Unfortunately, there was a drought during my stay in Delhi, with temperatures hovering around fifty degrees celsius on a […]

Pooling patents for HIV drugs: A paradigm shift

Nirav Bhatt is an LLM candidate at Osgoode Hall Law School. According to a report, AIDS, which is caused due to Human immunodeficiency virus (HIV) killed more than 25 million people worldwide from 1981 to 2006. Already, over six million people with HIV/AIDS are dying because they have no access to lifesaving medicines.  The current […]

Patent Auctions not the Solution for Patent Trolls

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. On September 21, 2009, The New York Times featured an article entitled “Patent Auctions Offer Protections to Inventors”. This article is about the story of a small-inventor firm called Zoltar Satellite Alarm Systems and their battles with big corporations over its patented inventions.  In […]

Double standards for Business method patents? Drug dosage calibration v. Hedging risks in commodities trading

Nirav Bhatt is an LLM candidate at Osgoode Hall Law School. Recently the US Court of Appeals for the Federal Circuit (CAFC) in Prometheus Laboratories, Inc. v. Mayo Collaborative Services held that Prometheus’ patent claim methods for calibrating the proper dosage of thiopurine drugs, which are used for treating both gastrointestinal and non-gastrointestinal autoimmune diseases, […]

Claim construction and the scope of the word ‘animal’

George Nathanael is a JD candidate at Osgoode Hall Law School Are humans animals? The U.S. case of Martek Biosciences v. Nutrinova, which was recently decided by the Court of Appeals for the Federal Circuit, is an excellent example of how difficult patent claim construction can be sometimes. Interestingly, five judges sat on the panel […]

The Dominance of the Private Seed Sector and the Legislative Destruction of Farmers’ Rights

Jasdeep Bal is a JD candidate at Osgoode Hall Law School and was an intern this past summer with the People’s Patent Group (PPG) in New Delhi, India. Currently, India’s domestic seed market is being overshadowed by the growing stature of Multinational corporations (MNCs), mainly due to their access to international germaplasm. Despite the dominant presence of […]

Fast-Tracking Cleantech Patents: What Choice is There?

Alex Gloor is a JD student at Osgoode Hall Law School. Cleantech is everywhere you look. Hybrid cars. Energy efficient appliances. Geothermal power. There is a global realization that continuing our coal-burning, energy guzzling ways are unsustainable, both because we will exhaust the planet of its resources and because of the uncertain, but certainly disastrous, […]