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Some 2013 hints of where we’re headed on computer-implemented inventions in Canada

November 28, 2013

2013 saw the release of four Commissioner’s Decisions (Patent Appeal Board cases) that offer a glimpse of how the Amazon.com, Inc. v. Canada decision of the Federal Court of Appeal is being applied by the Canadian patent office.  The decisions largely turn upon claim construction. If the…

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Federal Court of Appeal splits over anticipation in Wenzel v. National Oil

January 27, 2013

The Federal Court of Appeal recently released a split decision on the issue of anticipation through prior use of an invention.  The majority affirmed the trial-court decision that the public must simply have the theoretical opportunity to access the prior art invention in order to constitute an anticipatory…

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accelerated examination, accounting of profits, anticipation, assignments, confusion, copyright, costs, duty of disclosure, early disclosure, fintech, graphical user interfaces, industrial design, inventorship, open source, opposition, patentable subject matter, patents, prior use rights, promises of the patent, provisional patents, software patents, sufficient disclosure, Technological Protection Measures, TPM, trade secrets, trademarks


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