Ivy Tsui is a JD candidate at Osgoode Hall Law School. The Australian Government’s Advisory Council on Intellectual Property (ACIP) has released its report on the review of “Patentable Subject Matter” – detailing the types of inventions that should be patented.
Professor Siebrasse is a Professor of Law at the University of New Brunswick. His patent law blog is Sufficient Description. The turn to policy in legal analysis that began with the Realists has undoubtedly been salutary in its overall effect on the law, but we have yet to fully come to grips with the evidentiary […]
Leslie Chong is a JD candidate at Osgoode Hall Law School. Many academics have commented on the potential impacts of the Federal Court's decision in Amazon.com on patent law in Canada. Reshika Dhir and Nassim Nasser, 2011 JD candidates at Osgoode Hall Law School, give their insights on the court’s reasonings in a recent issue of […]
Dan Whalen is a JD candidate at Osgoode Hall Law School. It’s no secret that Valentine’s Day has become as much, if not more of, a holiday for marketing and merchandising profiteers as for lovers. With the big day approaching, one such company has made the rather unusual move of seeking to patent the kiss. […]
Ivy Tsui is a JD candidate at Osgoode Hall Law School The U.S. Department of Justice (“DOJ”) filed an amicus brief to support the ACLU and the PUBPAT in a lawsuit challenging Myriad Genetics’ patents on the BRCA1 and BRCA2 genes. Previously on IPilogue, Dan Whalen covered some of the social policy issues raised by gene patents. In this post, I will discuss […]
A major source of controversy in Canadian patent law is the treatment of business method patents. Up until recently business methods were not considered to be patentable (see the Patent Commissioner’s decision in Amazon.com and U-Haul). However, much has changed after the Federal Court’s decision in the Amazon.com case.
Dan Whalen is a JD Candidate at Osgoode Hall Law School In a recent amicus brief, the US Department of Justice has suggested that patents for “isolated human genomic DNA” be invalidated, a significant change to the longstanding practice of gene patenting. The surprising proposition comes in response to an appeal by Myriad Genetics of […]
Stuart Freen is a JD candidate at Osgoode Hall Law School After a 12-year legal battle, Amazon may finally be able to get a patent in Canada on its “1-click” e-commerce system. The Federal Court granted an appeal in favour of Amazon last Thursday, completely overturning an earlier decision of the Commissioner of Patents. In what […]
Michael John Long is an LLM candidate advancing to the PhD at Osgoode Hall Law School In his recent essay, Do Patents Have Gender? , intellectual property scholar Dan L Burk admits upfront that the title question ‘strikes many readers as improbable, even nonsensical.’ However, the posited question aims to introduce just how an intellectual property system, […]
Stuart Freen is a JD candidate at Osgoode Hall Law School. Following the release of the much anticipated U.S. Supreme Court decision of Bilski v. Kappos, the U.S. Patent and Trademark Office has recently published some interim guidelines on subject matter patentability. Titled Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View […]