What is a Virtual In-House Corporate Patent or Trademark Agent?

A business corporation may not have the resources to hire in-house one or more corporate patent or trademark agents to meet their patent needs, but may still require the cost effective value that an in-house patent/trademark agent brings to a business' strategic plan.  In such instances a virtual in-house corporate agent can be contracted to perform this role, or to support one or more existing in-house patent and/or trademark agents as a member of the in-house team.  This is a...

UNITY OF INVENTION AND DIVISIONAL APPLICATIONS IN CANADA

In the United States, a patent application may be filed based on an earlier filed “parent” application.  Such applications include divisional applications and continuation applications.  Continuation application and divisional applications have the same specification as the parent application but normally have different claims.  Continuation-in-part (CIP) applications are also available in the United States.  However, CIPs include subject matter not originally disclosed in the parent application.  Of these types of applications available in the United States, only divisional applications are available...

The Patent Bargain…Canada

In the  Supreme Court decision of Teva Canada Ltd. v. Pfizer Canada Inc. 2012 SCC 60 – Nov 8, 2012 -  (Decision varied by SCC in 2013 from pronouncement that patent is not valid to “Teva has established its allegation that Canadian Patent 2,163,446 is not valid) the validity issue of the Viagra patent turned on the patent bargain not being met. The court set out the patent bargain in recognizing:  The patent system is based on a “bargain”: the inventor...

Canadian Patent Litigation Costs

Costs play an important role for business when making decisions to file and prosecute patent applications through to the grant of patents.  These costs can run into the 10’s of thousands of dollars for protection in one or more countries.  But the cost of obtaining protection sometimes pales in comparison to the cost of patent litigation. In the Federal Court of Canada supplemental reasons for judgment between ABB Technology AG and Hyundai Heavy Industries Co., Ltd. (2013 FC 1050 - October...

Canadian Patent Agent Exams 2012

The Canadian Patent Agent Exams are very challenging to pass in one or more sittings.  The Exams are written once a year, usually in April and comprise four, four hour exams, written in four consecutive days.  The first paper requires evaluation of an invention, prior art and the drafting of a complete patent application (all in 4 hours).  The other three papers have a major question each relating one of an infringement opinion, a validity opinion and a response to...

Ray’s Favorite Inventor

The First Inventor to Receive a Patent? Filippo Brunelleschi - 1377-1446 - trained as a goldsmith in Florence, is principally known for his eventual work as a structural engineer and architect. At the end of the 13th century a decision was made by the governing body of Florence to construct a new cathedral – Santa Maria del Fiore. Construction commenced in the mid 1300s after instructions to the architect to incorporate a great octagon to support a dome. By the early...