MBM Intellectual Property Law LLP

Supreme Court Decision Clarifies Relationship Between Common Law and Registered Trade-mark Rights

MASTERPIECE INC. v. ALAVIDA LIFESTYLES INC. Masterpiece Inc. and Alavida Lifestyles Inc. (“Alavida”) are both involved in the retirement residence industry. Masterpiece Inc. claimed to have used unregistered trade-marks…more
| Intellectual Property

Highlights from the Amazon 1-click Decision in Canada

On October 14, 2010, Justice Phelan of the Federal Court of Canada, released his decision ("the decision") in the case of Amazon.com v. The Attorney General of Canada and the Commissioner of Patents. This decision addresses…more
| Intellectual Property

Improved Tools for IP Practitioners and Inventors by David Reed

One of the more daunting tasks for any patent practitioner is to conduct a thorough search of the prior art. There are databases available that can help; some are available at no charge, while others are fee based. This article…more
| Intellectual Property

Double Patenting in Canada

Canadian jurisprudence clearly sets forth a prohibition against double patenting. Double patenting, in Canada, is simply not limited to “same invention double patenting” which applies in situations where the claims are identical…more
| Intellectual Property

Canadian Federal Court Decision: Business Methods are Patentable

On October 14, 2010, Justice Phelan of the Federal Court of Canada, released the anxiously awaited decision ("the decision") in the case of Amazon.com v. The Attorney Ageneral of Canada and the Commissioner of Patents…more
| Intellectual Property

CIPO Releases a Revised Chapter 16 of the MOPOP Relating to Computer-implemented Inventions

The Canadian Intellectual Property Office (CIPO) released a revised Chapter 16 of the Manual of Patent Office Practice (MOPOP) relating to computer-implemented inventions on October 1, 2010. This chapter outlines the examination…more
| Intellectual Property

Recycled Use – Utility Must be Claimed and Supported

This is an article by Mr. James Wagner of MBM Intellectual Property Law LLP regarding Recycled Use and how Utility Must be Claimed and Supported…more
| Intellectual Property

New Practice Notice from the Canadian Intellectual Property Office: Priority Claims

A summary relating to the Practice Notice released by The Trade-marks on September 2, 2010, to clarify its practice with respect to priority claims…more
| Intellectual Property

Patentability of Business Methods in Canada and the United States: the Current Situation

After much anticipation, the U.S. Supreme Court handed down the decision in the case of Bilski v. Kappos on June 28, 2010. The decision has wide-ranging implications for the patentability of business methods in the U.S., chief…more
| Intellectual Property

Inventive Concept

When conducting an obviousness inquiry the framing of the inventive concept may drive the result…more
| Intellectual Property

Canada - Dead Patents Walking - Patent Formalities and Duty of Good Faith Presentation - July 7 2010

This presentation will provide an overview of significant changes in Canadian patent formalities practice, including cases from the Federal Court. In short, defects in formalities and applicant practice before the Canadian…more
| Intellectual Property

Health Canada Finalizes Regulatory Approval Process for Subsequent Entry Biologics - Tanya Weston

On March 5, 2010 Heath Canada released its “Guidance for Sponsors: Information and Submission Requirements for Subsequent Entry Biologics [“SEBs”][1] in order to enable sponsors to satisfy the information and regulatory…more
| Intellectual Property

Is a General Idea Enough? - Diana Mansour

A dispute regarding the ownership of a U.S. patent and whether there was a breach of confidence were considered by the Alberta Court of Appeal in Aram Systems Ltd. v. NovAtel Inc…more
| Intellectual Property

New Rules relating to Entitlement to File an Application Coming into Force on October 1, 2010 - Catherine Lemay

Proposed amendments to the Canadian Patent Rules are moving forward as anticipated (see September 2009 newsletter). The amendments were published in Part II of the Canada Gazette on December 9, 2009 and are scheduled to come…more
| Intellectual Property

Newsflash January 27 2010 - Form Triumphs Over Substance

Strict compliance with the formal requirements specified under Canadian Patent legislation has been confirmed. In Unicrop Ltd. v. Canada (Attorney General) 2010 FC 61, a decision of the Federal Court released January 20, 2010,…more
| Intellectual Property
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