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patent

By | 3 Minutes Read

Copyright or trademark protection? Sometimes, it’s both

In general parlance the terms “copyright”, “trademark”, and “patent” are often incorrectly interchanged, much to the chagrin of IP practitioners. While all three types of IP are very different, they are inextricably linked in many cases.

By | 3 Minutes Read

Federal Court of Appeal provides much-needed clarity on the “obvious to try” test and meaning of “inventive concept”

The Federal Court of Appeal has now provided much-needed clarity and guidance on two critical points in Canadian patent law: the meaning of “inventive concept” and the use of the “obvious to try” test in the obviousness analysis.

By | 2 Minutes Read

Availability of non-infringing product is relevant in determining profit recovery for infringing activities

In a recent decision, the Federal Court of Appeal determined that the Federal Court erred in law by rejecting the relevance at law of any available non-infringing product and failed to adequately consider the evidence adduced as to the ability and willingness of three suppliers to provide non-infringing product.

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