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Patentability

Bilski v. Kappos: Business methods are patentable (probably)

Stuart Freen is a JD candidate at Osgoode Hall Law School. The Supreme Court of the United States last week released what was likely the most highly anticipated patent case of the year: Bilski v. Kappos. It was the decision that many had hoped would settle once and for all the nagging issue of whether […]

Revisiting the Utility Requirement

Stuart Freen is a JD candidate at Osgoode Hall Law School. It is no secret that there have been plenty of absurd patents issued over the years. The gerbil shirt, anyone? Of the three main requirements for patentability, utility definitely tends to have the lowest bar (novelty and non-obviousness being the others). Particularly in Canada, […]

Patentability of Computer Programs in Europe

Robert Dewald is a JD candidate at Osgoode Hall Law School On May 12, 2010 the Enlarged Board of Appeal of the European Patent Office (EPO) responded to several questions posed by the President of the EPO, Ms Alison Brimelow, regarding the patentability of computer programs in Europe.  The resounding answer to these questions, provided […]

Gene Sequences held Unpatentable as the ACLU Defeats Myriad Genetics

Alex Gloor is a JD Candidate at Osgoode Hall Law School Doctors, cancer patients and virtually the entire biotech industry are joined in celebration after a District Court ruling in New York invalidated two important patents on gene sequences held by Myriad Genetics. The basis of the invalidity holding is that naturally occurring gene sequences, […]

Real issue with Amazon's 1-Click patent is business method patentability, not prior art

Kevin Osborne is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. Earlier this month, the U.S. Patent and Trademark Office (PTO) confirmed Amazon.com's controversial 1-Click patent (PDF) following a re-examination of newly-submitted prior art (via TechFlash).  This re-examination sheds light on the difference between the novelty and obviousness […]

Amazon's Infamous One-Click Patent Accepted in US Upon Re-Examination

Alex Gloor is a JD Candidate at Osgoode Hall Law School. North of the Border we are quite familiar with the patent application brought by online retailer Amazon.com for its one-click ordering system. This application was rejected in Canada as being directed towards unpatentable subject matter. However, in the United States a modified version of […]

Apple v. HTC Offers Opportunity to Examine the Nature of Computer Programs

Brandon Evenson is a JD candidate at Osgoode Hall Law School. Technology blogs are still buzzing over Apple’s recently filed lawsuit against HTC for patent infringement. In their filing, Apple claims that various HTC phones (including but not limited to phones running the Google Android OS) infringe a number of Apple’s patents currently used in […]

Nanotechnology: Beyond the Blockbuster

Patrick Hui is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. Innovator companies have long founded their business plans on the search for blockbuster drugs. Blockbuster drugs are products that generate more than $1 billion in annual revenue for pharmaceutical companies and are the lifeline of these businesses. By allocating […]