On July 14, 2016, the U.S. Patent and Trademark Office (USPTO) issued a Memorandum to its Patent Examining Corps indicating that the recent court rulings in Rapid Litigation Management v. Cellzdirect and in Sequenom v. Ariosa  are consistent with the subject matter eligibility framework employed by the USPTO in patent examination.  As such, it proposes no changes to the framework. The Memorandum includes commentary on how the decision in Rapid Litigation Management clarifies the subject matter eligibility test for determining whether claims are directed to a patent ineligible concept such as a law of nature. In Rapid Litigation Management, the illustrative claim held valid by theRead More →

Since March 3, 2011, the Canadian Intellectual Property Office (CIPO) has had in a place a green technology “fast-track” program with the objective of expediting the procurement of patent protection for green technologies. Provided that a patent application relates to “technology the commercialization of which would help to resolve or mitigate environmental impacts or conserve the natural environment and resources”, examination of the application can be accelerated without the payment of any additional fees to CIPO. Under accelerated examination, an Office Action is typically received within 1 to 3 months of requesting participation in the “fast-track” program. This is a significant reduction from the 12Read More →

The President of the European Patent Organisation has issued a statement to reassure applicants and patentees that the referendum decision of the U.K. to leave the European Union does not affect the U.K.’s status as a contracting state of the European Patent Convention. His statement underlined that “the outcome of the referendum has no consequence on the membership of the UK to the European Patent Organisation, nor on the effect of the European Patents in the UK”. This confirms that patent protection in the U.K. can still be obtained through the European Patent Office, and that granted European patents will continue to be valid inRead More →

Eli Lilly v. Mylan 2015 FC 125 (de Montigny J; 2,371,684 – tadalafil dosage form – CIALIS) This case confirms the possibility that some actions taken during prosecution can be used to interpret the scope of a claim. Facts The patent in question relates to pharmaceuticals and in particular to dosage regimes. The patent included the following claim: 1. A pharmaceutical unit dosage form comprising about 1 to about 20 mg of a compound having the structural formula: said unit dosage form being suitable for oral administration. Issue A question arose as to whether a maximum daily dosage of 20mg should be considered to beRead More →

On January 21, 2016, the Government of Alberta announced funding for an initiative that supports innovative Alberta businesses to commercialize high-tech made-in-Alberta solutions (press release here). The funding is focused on helping further diversify and strengthen the provincial economy. This funding is available through Alberta Innovates Technology Futures (AITF) which supports innovation within technical industries by investing in local research and entrepreneurial talent. In relation to Intellectual Property Rights, AITF’s Micro-Voucher and Voucher scheme can be used to help fund intellectual property assessments and patent development. At Hicks IP, we have been approved as Service Providers for AITF funding and we are experienced in workingRead More →