A recent landmark decision by the United States Supreme Court in Quanta v. LG Electronics has effectively restricted patent-holders’ ability to claim infringement for subsequent uses of licensed products. This is the latest step by the top American court to circumscribe the scope of entitlements of patent-holders by limiting the ability of companies to collect […]
“Business method” (BM) is a generic term that has been used by many to describe various types of process claims.[1] Business method patents are patents that aim to secure the IP rights associated with a particular method of facilitating business. The Canadian Intellectual Property Office states that business method patents are de facto not patentable.[2] […]
It is said that a problem shared is a problem halved. Is it possible that innovation shared could mean innovation doubled? If one looks to economic theory to justify IP, the underlying purpose of IP appears to be the promotion of advancements in science and useful arts- by protecting the creator’s rights the law provides […]
In re Bilski, the courts must re-interpret 35 U.S.C. § 101, which states that a process can be patented. In State Street Bank v. Signature Financial Group, the court decided that business methods were patentable as long as the process produced a “useful, concrete, and tangible result” [1]. In re Comiskey, the courts put an […]
The academic scientific community conventionally shares research results, ideas and expertise. Not surprisingly, the commoditization of peer reviewed journal articles seems antiquated with cost and accessibility issues when compared with online posting, web-enabled databases, free online journals and guides as knowledge dissemination tools. In the Aug 25, 2008 edition of The Tech, these practices are […]
The US Patent and Trademark Office (USPTO) has begun to adopt a more strict stance towards software patents. The USPTO, while not having yet called for the elimination of software patents, has certainly moved to restrict them. In doing so, the USPTO appears to have aligned itself with the US Supreme Court on the issue, […]
This is a time of significant innovation in the realm of business to reduce inefficiencies and capture potential market gains. Despite the significant barriers that currently exist, innovators should be able to protect these new and useful innovations through patents. Firstly, according to the Canadian Intellectual Property Office (CIPO), business methods are prohibited from patentability: […]
Andrew Knight, a US novelist and a patent agent, was the first to apply for a patent on the unique plot of his novel. Although the US patent office rejected Knight’s application, the author intends to appeal to the Federal Circuit. Knight espouses that patent protection is crucial because copyrights are not enough to keep […]
After years of waiting, Canadian legislation designed to encourage shipments of low-cost HIV/AIDS drugs to developing countries has finally been put to use. Unfortunately, the delay has only served to highlight some of the problems with the initiative. The shipment of 7 million tablets was sent to Rwanda on September 24 using Canada’s Access to […]
Social networking has taken on a new dimension at the United States Patent and Trademark Office (USPTO). It has been over a year since the USPTO, in collaboration with New York Law School, initiated the Peer-to-Patent Pilot, a venture designed to bring the benefits of peer review to the patent application process. If the decision […]