In the recent case of Boehringer v JAMP, 2024 FC 1198, the Federal Court revisited the essential versus non-essential claim element test. Devin Doyle walks us through this pivotal case, centered around the patents for nintedanib capsules, explored whether the presence of lecithin in the formulation was a non-essential element. The Court’s decision provides significant insights into claim construction, emphasizing the importance of carefully interpreting patent language to determine the essentiality of claim elements.

In our latest article, Lesley Caswell & Mary Murray of Aitken Klee LLP cover a rare federal court ruling where two AP&C patents related to metal powder manufacturing were invalidated for ambiguity. In this legal battle, the court's decision hinged on the unclear definition of a key patent term, setting a precedent in patent law. Dive into the full article to uncover the details of this landmark case and its implications for the industry.

We're thrilled to share the inspiring journey of one of our scholarship recipients, Reanna George! After overcoming the challenges of transitioning to university during a global pandemic, Reanna has completed an undergraduate degree in psychology at Memorial University of Newfoundland. Now, she's taking the next big step—pursuing a master’s degree in experimental psychology with a focus on health and wellness.

The Conference Committee is excited to be putting the finishing touches on the planning for this year’s Annual Conference, being held from September 25-27 in beautiful St. John’s Newfoundland, one of the oldest and most easterly cities in North America.    

Podcasts have become an increasingly accessible method of staying informed. While it can seem unachievable to sit down at the end of the day and dive into an educational article or new legal decision, podcasts provide a flexible method of learning that can fit more easily into daily routines. This blog provides suggestions of Canadian and international podcasts that discuss intellectual property in different and informative ways.

We’re excited to share the inspiring journey of Brandon Wozniak, one of our Foundation Bursary recipients. Brandon's story truly highlights the impact of our Patent & Trademark Institute Educational Foundation (PTIEF) and shows the value of donations in supporting future generations. We thank all who offer their generous support that make helping students like Brandon possible.

Innovative Canadian companies can now access unprecedented government funding to support their IP strategies and filings. These new programs provide a unique edge, covering costs that are rarely included in government initiatives. Discover how your business can benefit from these opportunities and gain a competitive advantage. Don't miss out on this chance to elevate your IP game and drive your innovation forward. Read on to learn more about these game-changing funding options.

Navigating the patent prosecution process can be a complex journey, especially for individual inventors and start-ups. Strong communication between patent agents and inventors is crucial to ensure a smooth and successful process. In this blog, (written by Chris Peng and adapted from an insightful IPIC Webinar by Richard Mar, Ilya Kalnish, and Tamara O’Connell), we explore essential strategies for agents to enhance their communication with inventors.

If the gestation period for dogs is two months, for humans it is nine months, and for African elephants it is a whopping twenty-one months, what is the gestation period for an international legal instrument—patent treaty—designed to ensure patents do not inadvertently incorporate traditional knowledge? If you guessed twenty-four years, congratulations!  You have a preternatural understanding of how difficult it is for states with conflicting interests to reach consensus on this kind of instrument. (Thirteen African elephants can be born successively to the same mother in twenty-four years.)

Explore the intersection of technology and law in Ayushman Kheterpal's insightful article, "How to Train Your LLaMA? – Copyright Issues Related to Training of Generative AI Models." Delve into the complex world where the voracious data appetite of AI models meets the intricate web of copyright laws, examining the challenges and legal battles that arise as developers push the boundaries of what's possible with generative AI. From landmark cases to the potential future of AI and copyright law, this piece offers a comprehensive overview of the current landscape and what it means for creators and technologists alike.

In the competitive world of online retail, the line between fair competition and unlawful interference can sometimes blur, leading to complex legal battles. Such was the case in a recent dispute between Keezio Group and The Shrunks’ Family Toy Company, two companies vying for market share in the inflatable beds for children segment on Amazon.com. IPIC Member Rob Youngson delves into a legal case where accusations of unfounded IP infringement complaints, negative online reviews, and disparaging communications set the stage for a fascinating summary trial.

Dr. Pia-Lauren Reece shares what Black History Month personally means to her through her presentation "Bridge to Excellence: A look at the past to entice change for the future". In this presentation, Dr. Reece weaves together her unique perspective as a scientist, a patent agent, and an individual deeply committed to technological innovation and social progress.