The number of patent applications published in 2012 or that entered national phase in Canada in 2012 was down slightly from 2011 at about 33,874. Smart & Biggar, Gowlings and BLG top the list of firms by volume of applications for 2012.
Tag Archives: Patents
Old Act Patents
I’ve updated my list of recently issued “Old Act” patents – three issued so far in 2013. These were filed prior to October 1989 but can expire 17 years from this year’s issue date.
Reverse Payments
The United States Supreme Court issued a decision today in FTC v. Actavis, Inc. considering the legality of ‘reverse payment’ patent settlements particularly under the Hatch-Waxman Act. A majority held that such settlements are not presumptively illegal, nor immune from antitrust attack.
Isolated DNA
The United States Supreme Court has ruled that isolated DNA is not patentable subject matter but cDNA is patentable in Association for Molecular Pathology et al. v. Myriad Genetics, Inc. et al.
Patent Assertion Entities
President Obama released reports and plans relating to patent litigation in the United States and particularly addressing “Patent Assertion Entities”. The announcement today included among other things, plans to provide new rules as to patent ownership and guidance on ‘functional claiming’ in software patents, as well as recommendations on costs awards in patent cases.
Seeds are not exhausted
In a unanimous decision, the United States Supreme Court affirmed the lower court decision in Bowman v. Monsanto et al. The Court held that a farmer who buys patented genetically modified seeds may not reproduce them through planting and harvesting without the patent holder’s permission.
“Promise Doctrine”
The Supreme Court of Canada heard oral arguments today on Eli Lilly’s application for leave to appeal in its olanzapine patent infringement proceeding where its selection patent was found invalid for lacking utility under the ‘promise doctrine’ by the lower courts, with a decision expected this Thursday. US recently listed Canada on its IP ‘watch list’, highlighting concern with Canada’s “heightened utility requirements for patents that Canadian courts have been adopting recently.”
Continue reading “Promise Doctrine”
India Supreme Court says Gleevec not inventive
India’s highest court has ruled that the beta crystalline form of Imatinib Mesylate (Gleevec/Glivec) is not inventive because of features found in the known alpha crystalline form. The judgment includes a discussion of changes to patent legislation, the Indian pharmaceutical industry and compliance with TRIPs.
Continue reading India Supreme Court says Gleevec not inventive
AIA Implementation
This weekend the ‘first-to-file’ rules come into force in the United States as part of the America Invents Act implementation. Among other things, the new rules affect the significance of the date of invention and the scope of prior art citable against applications.
Top Canadian Patentees for 2012
Research In Motion tops the list of owners receiving the most Canadian patents during 2012. The others in the top five were Qualcomm, P&G, Schlumberger and LG Electronics. Approximately 20,000 Canadian patents were granted last year.