News (Page 2)

The Comprehensive Economic and Trade Agreement (CETA) was signed by Canada and the European Union last year, resulting in amendments to Canadian legislation to implement its provisions. Legislative amendments to the Patent Act and the Trade-marks Act came into force on September 21, 2017, including the implementation of patent term extensions for pharmaceutical drug products and the expansion of geographical indications. Certificates of Supplementary Protection for Approved Drug Products A Certificate of Supplementary Protection (CSP) has been introduced which provides a possible additional period of protection after a patent expires for drugs containing a new medicinal ingredient. A CSP is intended to partly compensate forRead More →

Professional staff from Hicks Intellectual Property Law and Hicks & Associates Intellectual Property recently participated in the following IP events in Canada and the United States: Christine Hicks attended the Banff Venture Forum on September 21st and 22nd, 2017 at the Fairmont Banff Springs Hotel in Banff, Alberta. Recognized as one of Canada’s marquee financing events for innovative technology companies, the Banff Venture Forum offers insight into key industry issues and provides superior networking opportunities with world-class professionals in the investment community. Christine also attended the Intellectual Property Institute of Canada (IPIC) Annual Meeting, held in Niagara Falls, Ontario between October 11th and 13th, 2017.Read More →

In its decision dated June 30, 2017, the Supreme Court of Canada (SCC), allowed the appeal in AstraZeneca Canada Inc. vs. Apotex Inc. from the earlier decision of the Federal Court of Appeal, where AstraZeneca’s Patent No. 2,139,653 covering its blockbuster drug NEXIUM® (esomeprazole) was invalidated for failing to fulfill its inferred “promise” to provide “improved pharmacokinetic and metabolic properties which would give an improved therapeutic profile such as a lower degree of interindividual variation.” The promise doctrine had developed at the Federal Court level over the past few decades and had increasingly become a weapon of choice for generic pharmaceutical companies in efforts toRead More →

The Canadian Intellectual Property Office (CIPO) has released a Patent Landscape Report – Shale Oil and Gas. The Report covers technologies used as part of the extraction and refining processes in the shale oil and gas subsector of the oil and gas sector and examines 3,986 patent families filed between 2000 and 2012. Some of the highlights of the Report include: The top five applicants account for 12% of the total patenting activity worldwide related to shale oil and gas China and the United States account for 66% of all filings Halliburton and Schlumberger are active in technologies related to “drilling” and “well formation” TheRead More →

In the new Federal Budget for 2017, the Government of Canada has introduced its Innovation and Skills Plan, signaling a shift in thinking around Canada’s Intellectual Property (IP) system and its importance in supporting innovation. Importantly, this Budget is projected to implement new initiatives as part of the government’s innovation agenda. In the Budget, the government recognizes the importance of a modern and robust IP system in providing the framework that supports innovation across all sectors of the economy, stating: “Intellectual property rights incentivize creativity and the development of new ideas and technologies by helping companies, academics and inventors recoup their investment once new productsRead More →

A recent case from the United States Court of Appeals for the Federal Circuit sheds more light on what types of Computer Implemented Inventions might be considered patentable. The patents in this case (Trading Technologies Int., Inc. v. CQG) relate to user interfaces, and in particular to user interfaces designed to facilitate real-time trading. The ’132 and ’304 patents describe and claim a method and system for the electronic trading of stocks, bonds, futures, options and similar products. The patents explain problems that arise when a trader attempts to enter an order at a particular price, but misses the price because the market moved beforeRead More →

Early in November, the Alberta Government introduced the Diversified Alberta Economy Act (Bill 30) which is intended to drive innovation, diversification and job creation in Alberta (Government announcement here). This initiative created both the Capital Investment Tax Credit (CITC) which is aimed at attracting large capital investments; and the Alberta Investor Tax Credit (AITC) aimed at bringing Alberta investors and small businesses together. The CITC offers a 10 per cent, non-refundable tax credit of up to $5 million to Alberta companies involved in manufacturing and processing infrastructure, as well as tourism. It is to have a budget of $70 million over two years and beRead More →

Claim construction is a hot topic within the patent community at this time, with many practitioners seeking clarity on how to reconcile the Canadian Intellectual Property Office’s (CIPO’s) recent guidelines regarding claim construction, particularly in relation to medical diagnostics and computer implemented inventions, with the law as set down by the Canadian Courts. This Federal Court of Appeal case (ABB v. Hyundai, 2015 FCA 181) appears to affirm the Supreme Court’s position on claim construction, which notes that the Patent Act promotes adherence to the language of the claims read in an informed and purposive way (Free World Trust v. Électro Santé  (2000 SCC 66)).Read More →

The latest case (Samsung Electronics Co. v. Apple Inc.  580 U.S. (2016)) in the ongoing smartphone wars follows an earlier jury finding that Samsung smartphones infringed Apple’s registered designs. The registered designs, known as design patents in the US, cover a rectangular front face with rounded edges and a grid of colorful icons on a black screen. Apple was initially awarded damages of $399 million—Samsung’s entire profit from the sale of its infringing smartphones. The Federal Circuit affirmed the award. This award was based on the U.S. Patent Act which prohibits the manufacture or sale an “article of manufacture” to which a registered design, orRead More →