Ivy Tsui is a JD candidate at Osgoode Hall Law School. The Australian Governmentās Advisory Council on Intellectual Property (ACIP) has released its report on the review of āPatentable Subject Matterā ā detailing the types of inventions that should be patented.
Professor Siebrasse is a Professor of Law at the University of New Brunswick. His patent law blog is Sufficient Description. The turn to policy in legal analysis that began with the Realists has undoubtedly been salutary in its overall effect on the law, but we have yet to fully come to grips with the evidentiary […]
Leslie Chong is a JD candidate at Osgoode Hall Law School. Many academics have commented on the potential impacts of the Federal Court's decision in Amazon.comĀ on patent law in Canada. Reshika Dhir and Nassim Nasser, 2011 JD candidates at Osgoode Hall Law School, give their insights on the courtās reasonings in a recent issue of […]
Dan Whalen is a JD candidate at Osgoode Hall Law School. Itās no secret that Valentineās Day has become as much, if not more of, a holiday for marketing and merchandising profiteers as for lovers. With the big day approaching, one such company has made the rather unusual move of seeking to patent the kiss. […]
Ivy Tsui is a JD candidate at Osgoode Hall Law School TheĀ U.S. Department of Justice (āDOJā) filed anĀ amicus brief toĀ support theĀ ACLU and theĀ PUBPAT in a lawsuit challengingĀ Myriad Geneticsā patents on theĀ BRCA1 andĀ BRCA2 genes. Previously on IPilogue, Dan Whalen covered some of the social policy issues raised by gene patents. In this post, I will discuss […]
A major source of controversy in Canadian patent law is the treatment of business method patents. Up until recently business methods were not considered to be patentable (see the Patent Commissionerās decision in Amazon.com and U-Haul). However, much has changed after the Federal Courtās decision in the Amazon.com case.
Dan Whalen is a JD Candidate at Osgoode Hall Law School In a recent amicus brief, the US Department of Justice has suggested that patents for āisolated human genomic DNAā be invalidated, a significant change to the longstanding practice of gene patenting. The surprising proposition comes in response to an appeal by Myriad Genetics of […]
Stuart Freen is a JD candidate at Osgoode Hall Law School After a 12-year legal battle, Amazon may finally be able to get a patent in Canada on its ā1-clickā e-commerce system. The Federal CourtĀ granted an appeal in favour of Amazon last Thursday, completely overturning an earlier decision of the Commissioner of Patents. In what […]
Michael John Long is an LLM candidate advancing to the PhD at Osgoode Hall Law School In his recent essay,Ā Do Patents Have Gender? , intellectual property scholarĀ Dan L Burk admits upfront that the title question āstrikes many readers as improbable, even nonsensical.āĀ However, the posited question aims to introduce just how an intellectual property system, […]
Stuart Freen is a JD candidate at Osgoode Hall Law School. Following the release of the much anticipated U.S. Supreme Court decision of Bilski v. Kappos, the U.S. Patent and Trademark Office has recently published some interim guidelines on subject matter patentability. Titled Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View […]