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Patents

LG Ups the Ante in Standoff with Sony

Dan Whalen is a JD candidate at Osgoode Hall Law School. Electronics giant LG obtained a preliminary injunction from the Civil Court of Justice in the Hague barring the import of Sony’s PlayStation 3 (PS3) gaming console into the European Union. While it is only the latest escalation of the two companies’ intellectual property standoff, […]

Missing Appointment of Agent Proves Fatal To Patent Application

Matt Lonsdale is a JD candidate at Dalhousie University. The Federal Court of Appeal has upheld a decision of the Commissioner of Patents to refuse to accept maintenance fees and reinstate an application because the fees were not paid by the agent of record.  The agent’s mistake of omitting an Appointment of Agent proved fatal.

Repligen Corp. v. Canada (A.G.): Clerical Error in the Intellectual Property Office

David Vaver is Professor of Intellectual Property Law at Osgoode Hall Law School and on the Advisory Board of IP Osgoode. A Note in the next issue of the Intellectual Property Journal, due out in April, reviews a recent case on Patent Office refusals to correct clerical errors: Repligen Corp. v. Canada (A.G.) 2010 FC […]

What Should and Should Not Be Patented? An Australian Recommendation

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.

The Structure of the Law of Patentable Subject Matter

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 […]

US Patent Reform Act of 2011 to Enact “First-to-File” System

Ivy Tsui is a JD candidate at Osgoode Hall Law School. With a backlog of more than one million patent applications at the USPTO, the U.S. Congress has been pushing to reform the patent system since 2005. On February 3rd, 2011, the Senate Judiciary Committee unanimously approved the Patent Reform Act of 2011 by a […]

Licence to Kiss? Harlequin Files Application to Patent Kissing

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. […]

Computer Chipmakers Call a Truce, Set Terms

Dan Whalen is a JD candidate at Osgoode Hall Law School. Calling an end to hostilities, rival chipmakers Intel and NVIDIA have signed a new patent cross-licensing agreement that will take the companies into 2017. The deal grants Intel access to all of NVIDIA’s graphics processing unit (GPU) patents, premier along stand-alone graphics chips. In […]

Comments from the Max Planck Institute regarding Draft EU Instruments

Samantha Schreiber is a JD candidate at Osgoode Hall Law School. The Max Planck Institute for Intellectual Property, Competition and Tax Law (the “Institute”) has published comments on two draft instruments (1) the Draft Commission Block Exemption Regulation on Research and Development Agreements (the “Draft R&D Regulation”) and (2) the Draft Guidelines on Horizontal Cooperation Agreements […]

Who Must Show Consent in an Intellectual Property Infringement Case?

Professor David Vaver is a member of IP Osgoode, a Professor at Osgoode Hall Law School, an Emeritus Professor at the University of Oxford, an Emeritus Fellow of St. Peter’s College at Oxford and former Director of the Oxford Intellectual Property Research Centre. The unauthorized publication by two of the Aga Khan’s followers of a […]