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Patents

Combination of patent law, copyright can protect AI innovation, panel suggests

This article was originally posted on thelawyersdaily.ca How courts deal with the concept of authorship is an area to watch as artificial intelligence (AI) becomes more creative and humanlike, noted panellists at Bracing for Impact: The Artificial Intelligence Challenge Part II conference series hosted by IP Osgoode. Lawyers and academics pointed to examples of creative […]

Unwrapping File Wrapper Estoppel: Some Effects of Bill C-86

To the delight of patent litigators everywhere, the doctrine of file wrapper estoppel is about to be implemented in Canadian Patent Law. After more than 18 years since Justice Binnie rejected the doctrine in Canada in his ruling in Free World Trust v Electro Santé Inc., it will come into force via Bill C-86, likely […]

Blockchain on Every Street Corner – Walmart and the Rise of Mainstream Blockchain Patents

Walmart’s American patents and reported patent-related activities over the last few months show just how common blockchain-based technology is going to become in the immediate future. Walmart currently holds such patents for a delivery management and locker reservation system, and for a system of managing individual medical records. They have reportedly filed patent applications for a […]

Balancing FRAND Commitments and Corporate Interests: Innovative SMEs Square Up Against Industry-leading Standard Essential Patent (SEP) Portfolios

This past summer, several of our members had the opportunity to attend the Canadian Telecom Summit hosted in Toronto featuring a wide-range of discussions ranging from expansions in telecommunication protocols to the implications of privacy and data security in the technology sphere. Among other topics was the discussion surrounding the emergence of Internet of Things […]

The Highs and Lows of Patenting Marijuana Strains

After over 95 years of prohibition, recreational usage of marijuana will be legalized nation-wide on October 17th. While the Cannabis Act will transform cannabis breeding from an illegal cottage industry to a legitimate profession, there has so far been no corresponding change in plant breed intellectual property protection. While there are some protections under existing Canadian law, they are weak […]

Innovating with Yesterday’s Inventions: Repurposing Drugs for New Indications

Pharmaceutical research and development (R&D) has skyrocketed in recent years and is projected to reach even greater levels in the future. The total R&D spending has increased by 33 billion USD from 2005 to 2015 and is projected to rise by an additional 19 billion USD by 2020. Is there a way to cut these […]

Robotic Trolls

I’m increasingly inclined to think that there should be some regulatory oversight, maybe at the national and international level, just to make sure that we don’t do something very foolish. I mean with artificial intelligence we’re summoning the demon. – Elon Musk In light of the quote above, the thought of demonic robot trolls may […]

What the End of NAFTA Could Mean for Patent Filing Trends in Canada

According to the IP Canada Report 2016, the USA is the top patent filer in Canada, with 17,966 applications in 2015, immediately followed by Canada, with 4,277 applications.[1] In 2015, the number of patent applications filed in Canada, by USA residents grew by 10%, while this number grew by only 2% for Canadian residents.[2] From […]

‘Claiming’ Third at the International Patent Drafting Competition

How many ways can you describe a lawn sign? A few months ago, we could have maybe thought of a handful. Today, after 2 months of preparing for the International Patent Drafting Competition, we have encountered many dozens of ways to capture the invention behind a hypothetical lawn sign. Specifically, this lawn sign was disclosed […]