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Patentability

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.

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, […]

The Patentability of Business Methods in Canada: The Case of Amazon.com's 1-Click technology

Catherine Du Pont-Thibodeau is a J.D. candidate at Osgoode Hall Law School and is taking the Patent Law course. A topic recently caught my attention while surfing the Internet in search of a subject for this blog: the patentability of business methods in Canada and more particularly Amazon.com’s 1-Click technology. Having very little knowledge of […]

IP and its crucial role in start-ups

Virgil Cojocaru is a JD candidate at Osgoode Hall Law School. These days governments are funding private sector enterprises. The public purse is increasingly used to aid businesses. However, many questions remain about the effectiveness of such a strategy. Josh Lerner, in his book, Boulevard of Broken Dreams: Why Public Efforts to Boost Entrepreneurship and […]

BRCA Gene Patents Lawsuit Lives On

George Nathanael is a JD Candidate at Osgoode Hall Law School. Earlier this month a United States District Court denied a motion to dismiss a lawsuit brought forth against the USPTO, Myriad Genetics, and directors of the University of Utah Research Foundation. The suit had to do with patents covering the genes BRCA1 and BRCA2 […]

Bilski Reaches the Supreme Court: A Summary of the Arguments

Alex Gloor is a JD Student at Osgoode Hall Law School The next step in the well documented Bilski case took place on Nov. 9 when the United States Supreme Court heard oral arguments from both parties. As a quick reminder, the issue revolves around the patenting of business methods; in this case, the subject […]

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 […]