Pamela Samuelson is the Richard M. Sherman ‘74 Distinguished Professor of Law and Information at the University of California at Berkeley. Researchers affiliated with the Berkeley Center for Law & Technology–Rob Merges and Pam Samuelson of Berkeley Law School, Ted Sichelman of University of San Diego Law School, and Stu Graham of the Georgia Institute […]
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, […]
Professor Geertrui Van Overwalle (University of Leuven, Belgium) has edited a new book entitled “Gene Patents and Collaborative Licensing Models — Patent Pools, Clearinghouses, Open Source Models and Liability Regimes”. The book is briefly described below. Concerns have been expressed that gene patents might result in restricted access to research and health care. The exponential […]
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 […]
Steven Zuccarelli is a JD Candidate at Osgoode Hall Law School. Balancing pharmaceutical patent rights with public health needs is a contentious issue that poses enormous challenges to lawmakers. The conflict between innovators of therapeutics and generic manufacturers is fought from divergent perspectives on the battlefield formed by patent laws. At stake is the balance […]
Virgil Cojocaru is a JD candidate at Osgoode Hall Law School. In a recent paper, Michael Jacobs and Alan Devlin discuss the debate in forcing monopolists to license their IP. By licensing their IP, monopolists would increase market innovation and create a competitive environment. However, these advantages come with a significant drawback. They can decrease the […]
Matthew Thorpe is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. In a landmark victory the American Civil Liberties Union (ACLU) and the Public Patent Foundation succeeded on a motion for summary judgement to invalidate patents held by Myriad Genetics over two genes linked with breast and ovarian […]
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, […]
Ron A. Bouchard is an Associate Professor in the Faculties of Medicine & Dentistry and Law, University of Alberta. The Canadian Patent Act defines an invention as any “new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter.” […]
Essien Udokang is a J.D. Candidate 2010 at Osgoode Hall and is taking the Patent Law class. Since the decision of the Supreme Court in Free World (2000 SCC 66, [2000] 2 S.C.R. 1024) it is supposedly settled law that courts are to construe the claims of a patent in a purposive manner in determining infringement and invalidity. […]