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Searching Content indexed under Patent by Osler, Hoskin & Harcourt LLP ordered by Published Date Descending.
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1
When It Comes To What You Can Patent, Patent Offices Don't Always Know Best
When organizations invent something, they must decide whether to pursue patent protection. This decision is a consequential one, as patenting involves disclosing one's invention to the world,
Canada
14 May 2019
2
Competition Bureau Releases Updated Intellectual Property Guidelines
Consistent with its commitment to review its Intellectual Property Enforcement Guidelines (IPEGs) on a regular basis and revise them to maintain consistency with new legal decisions
Canada
12 Apr 2019
3
CUSMA And Regulatory Amendments Create Challenges And Opportunities For IP Owners In 2018
The CUSMA enhances protection and enforcement measures for trade secrets, i.e., valuable business information that derives its value from being kept confidential.
Canada
27 Dec 2018
4
A Need-To-Know Guide On IP In The U.S.-Mexico-Canada Agreement
On October 1, 2018, the Government of Canada announced agreement on a deal for a modernized NAFTA, to be called the United States-Mexico-Canada Agreement (USMCA).
Canada
5 Oct 2018
5
The Nascent CRISPR-Cas9 Patent Landscape In Canada
CRISPR-Cas9 is a technology with the potential for an unimaginable impact on society. CRISPR (Clustered Regularly Interspaced Short Palindromic Repeats) allows scientists to edit genomes in living organisms at the cellular level by guiding a "scissor-like" protein to targeted sections of DNA within a cell, and then prompting it to alter or "edit" the DNA in some way.
Canada
18 Sep 2018
6
Federal Court Of Appeal Infuses Greater Certainty Into The Canadian Obviousness Analysis
The focus on the claims will allow parties and the courts to avoid unnecessary satellite debates.
Canada
28 Nov 2017
7
Canada's Patent Linkage Regulations Get Long-Awaited Makeover
On July 15, 2017, the Government of Canada proposed major amendments to the Patented Medicines Regulations, the patent linkage scheme that forms the cornerstone of pharmaceutical...
Canada
28 Jul 2017
8
Major U.S. Court Decisions Change Patent Landscape For Canadian Companies
For many Canadian technology companies, the United States market is the most commercially important...
Canada
17 Jul 2017
9
Supreme Court Holds That Promises Are Not The Yardstick To Measure Patent Utility In Canada
The Supreme Court of Canada issued its highly anticipated reasons in AstraZeneca v Apotex 2017 SCC 36. In its decision, the Supreme Court rejected the "promise doctrine" as a method to determine...
Canada
14 Jul 2017
10
Federal Court Of Appeal Provides Much-Needed Clarity On The "Obvious To Try" Test And Meaning Of "Inventive Concept"
Federal Court of Appeal in Bristol-Myers Squibb Canada Co. v Teva Canada Limited, 2017 FCA 76 upheld Justice Mactavish's decision reported at 2016 FC 580 in a case regarding a patent...
Canada
25 Apr 2017
11
Canada's NAFTA Chapter 11 Win And Future IP Negotiations
On March 17, 2017, a NAFTA tribunal unanimously ruled that Canada did not violate NAFTA Chapter 11 provisions providing for minimum standards of treatment and protection against expropriation...
Canada
7 Apr 2017
12
Industrial Design Protection Becomes More Animated And Colourful In Canada
In what may be the biggest update to Canadian industrial design practice in years, long-awaited changes have finally arrived in Canada.
Canada
19 Jan 2017
13
First-Ever Judgment On Canadian Information Technology Patent Signals Caution For Owners Of Broad Patents
For many years, leading information technology (IT) companies have squared off against patent owners around the world seeking to extract value from their IT patents.
Canada
19 Jan 2017
14
Federal Court Of Appeal Simplifies The Standard Of Review Of Prothonotary Decisions
A rare five-judge panel of the Federal Court of Appeal has abandoned the so-called Aqua-Gem standard of review of the discretionary decisions of prothonotaries...
Canada
9 Sep 2016
15
Reversal Of $200-Million Drug Patent Verdict Offers Hard Lessons For Technology Collaborators
The value of start-up companies often hinges on their intellectual property and on the commercialization of novel technology, often in partnerships with established players.
Canada
15 Jul 2016
16
Privilege For Patent And Trademark Agents Now In Force In Canada
The statutory privilege is subject to those exceptions that apply to solicitor-client privilege, and privilege can be expressly or implicitly waived by the client.
Canada
1 Jul 2016
17
$125-Million Pharmaceutical Damages Award Undone By Hearsay Rule
Canadian courts have considered claims for damages by generic drug companies kept off the market due to patents asserted by brand-name drug companies under Canada's pharmaceutical patent regulatory scheme...
Canada
10 Jun 2016
18
Federal Court Limits Number Of Experts To Five Per Side For All Phases Of A Proceeding
In complicated patent litigation such as pharmaceutical cases, the number of expert witnesses a party may call to testify can have a material impact on the outcome of the proceeding.
Canada
8 Jun 2016
19
Revised Intellectual Property Enforcement Guidelines Clarify The Competition Bureau's Approach In IP Matters
The Competition Bureau released revised Intellectual Property Enforcement Guidelines on March 31, 2016, after engaging in a lengthy consultation period based on a draft released in June 2015.
Canada
10 Apr 2016
20
Canada's Patent Regime Forecloses Civil Actions By Consumers In British Columbia
Canada's patent laws are a complete code giving consumers no right to independent civil actions.
Canada
24 Feb 2016
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