News & Analysis as of

Utility Patents

Taking Advantage of the Global Supply Chain for Patent Examination

by Ward and Smith, P.A. on

Innovation and Traditional Patent Process - When you develop an innovation, its potential patentability is typically unknown, thus making it difficult to determine whether it is worth the significant expense involved if...more

Protecting Plant Innovations

by K&L Gates LLP on

The development of new plant varieties can be a costly and time-consuming process. To incentivize breeding endeavors, governments around the world have developed legal mechanisms that effectively provide breeders with a...more

A broken promise – The Supreme Court of Canada reverses Canada's "promise of the patent" doctrine

by DLA Piper on

The Supreme Court of Canada (or SCC) has dealt a significant blow to the “promise of the patent” doctrine—a controversial judge-made approach to the question of patent utility in Canada that has been heavily criticized over...more

Supreme Court of Canada strikes down "promise doctrine", upholds AstraZeneca’s NEXIUM patent as useful

by Smart & Biggar on

The Supreme Court of Canada today delivered an important and highly anticipated decision, AstraZeneca Canada Inc v Apotex Inc (2017 SCC 36), by rejecting the “promise doctrine” and clarifying the requirement for patent...more

Five Fun (!) Facts About US Design Patent Examination That You Probably Didn’t Know

Design patent examination has been subject to many recent changes at the USPTO, including changes in the application backlog and foreign filing.  While design patents made up just under 8.0% of the patents issued in 2015, the...more

Give a Man Cupcake Sushi, and He’ll Have Dessert for a Day; Teach a Man to Make Cupcake Sushi, and He’ll Rip You Off

Lori Shubert and her company, Cupcake Sushi, LLC, filed an interesting lawsuit against Santiago and his associates, doing business as Sushi Sweets, for patent infringement, trademark infringement, misappropriation of trade...more

Protecting Intellectual Property Rights

by Downey Brand LLP on

Upon hearing the term intellectual property rights, the first image that most people conjure are the tens or hundreds of patents that cover the various features of a smartphone – from the display, to the software, to the...more

To File or Not File Provisional Patent Applications – Part 1: The Pros

Since 1995, the United States has allowed patent applicants to file provisional applications as an alternative to filing non-provisional utility patent applications (often referred to as “regular” or “conventional”...more

Patents 101: The Different Types of Patents

by Revision Legal on

Any business entity or inventor that is considering securing patent rights for a novel and non-obvious invention needs to know a little bit about the different types of patents that are available from the United States Patent...more

The Goods on IP - April 2017

Intellectual property plays an important role in maintaining a competitive edge in rapidly evolving consumer product and consumer packaged goods markets. Consumers expect ongoing product improvements, and savvy companies...more

Business Viewpoint with David Woodral: When seeking a patent, communication is key

by GableGotwals on

Businesses whose revenue streams depend at least in part on developing new or improved products are generally aware of the importance of protecting their intellectual property. Most also have a grasp that the utility patent,...more

Rx IP Update - March 2017

by Smart & Biggar on

Tribunal dismisses Eli Lilly’s NAFTA challenge on promise utility doctrine - As previously reported, Eli Lilly submitted claims to international arbitration under the North American Free Trade Agreement (NAFTA) seeking...more

To Seek Design Protection or Not, That is the Question!

While design patents are gaining wider attention—thanks in part to the highly-publicized litigation involving Samsung and Apple—they still remain an underutilized form of intellectual property (IP) protection.  This blog...more

Utility and Design Patents - Distinctions with a Difference

by SmithAmundsen LLC on

Patent protection provides inventors with exclusive rights to their inventions for a period of time, if they disclose their invention to the public with sufficient detail, and if the invention is new and not obvious. The two...more

U.S. Chamber of Commerce Releases International IP Index

Last month, the U.S. Chamber of Commerce released its 5th annual International IP Index, entitled "The Roots of Innovation," which provides an "IP report card" for 45 world economies that account for 90% of the global gross...more

Understanding the similarities and differences between priority claims in Canada and the U.S.

by Smart & Biggar on

A valid priority claim can allow a patent application to benefit from the filing date of an earlier patent application so as to exclude certain prior art from consideration. The recent decision of the U.S. Federal Circuit in...more

Before You Unveil That New Product at the Big Trade Show

The biggest trade show of the year is just around the corner, and you can hardly wait to unveil your company's newest, most exciting, most innovative product yet. Your engineers and designers have worked all year to perfect...more

Can Skechers Get a Second Bite at the IPR Apple?

by Knobbe Martens on

On January 5, 2017, Skechers U.S.A., Inc. filed a petition with the Patent Trial and Appeal Board to institute an Inter Partes Review (IPR2017-00607) (“current IPR petition”) of two design patents owned by Nike, Inc.:...more

RxIP Update - 2016 Year in Review

by Smart & Biggar on

The following are highlights of developments in Canadian life sciences intellectual property and regulatory law in 2016, updating our 2016 mid-year highlights. 1. Substantive patent law developments - Utility and...more

Year in Review: The Most Popular Blog Posts of 2016

As 2017 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2016. According to the many readers of Global IP Matters, hot topics included navigating...more

The Life Sciences Report - Winter 2017

Consumer Digital Health: Market Shift Is Leading to New Opportunities - The newest wave of consumer digital health investment focuses on applications encouraging consumers to change health-related behaviors, shifting...more

Design Patents – The Forgotten Protection

The use of design patents to protect a new product is frequently overlooked. The public only becomes aware of design patents whenever the rare blockbuster jury verdict arises such as Apple’s verdict over Samsung over iPhone...more

Rx IP Update - November 2016

by Smart & Biggar on

Federal Court of Appeal opines on the framework for analyzing obviousness-type double-patenting - On November 4, 2016, the Federal Court of Appeal dismissed Apotex’s appeal in Apotex Inc v Eli Lilly Canada Inc, 2016 FCA...more

Design Patents and Copyrights for Designs on Useful Articles

by Foley & Lardner LLP on

Two recent cases illustrate the potential benefits of protecting intellectual property rights with both design patents and copyrights, particularly for an article that has both utility and a design, including because a design...more

Introduction to IP: Some Basics of Patents, Trademarks, & Trade Secrets

by Knobbe Martens on

What is “Intellectual Property” (IP)? •Exclusive Rights to Certain Intellectual Products (Ideas) –Necessary due to the “non-rivalrous” nature of ideas: •“He who receives an idea from me, receives instruction...more

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