November 2009
7 posts
Hot tubbing experts
The Canadian Federal Courts Rules are being amended, after many months of consultations, to clarify the roles of expert witnesses during litigation.
The proposed rules have now been published in Part 1 of the Gazette. As discussed in the RIAS, the most interesting part of the proposal is the part that would allow experts from opposing sides to be put in a metaphysical “hot...
MOPOP update to chapter 9: descriptions
CIPO has announced a consultation for its newly revised chapter in the Manual of Patent Office Practice (MOPOP).
The revised chapter 9 deals with the description section of a patent application (commonly referred to as “the disclosure”), which together with the claims, make up the whole patent “specification”.
Now at 35 pages (from 13), the chapter deals heavily with...
2009 patent agent exams + marking guides
CIPO has posted the 2009 exams and marking guides on its site.
This is the second year that Paper A - the drafting paper - has asked for 2 independent claims (in 2008, two device claims were required, given 3 prior art references, and in 2009, a device claim and a method claim were required, given 2 prior art references).
The technology seems to be quite simple - a wind turbine using sail...
Bilski oral argument transcript dated November 9,... →
Repeal of timber marking legislation
CIPO has announced the repeal of the Timber Marking Act and Rules. CIPO says, “this legislation was conceived to provide logging companies with a means of proving ownership of their timber when floated to mills on inland waters” and “in the context of current forest industry practices… has become obsolete”.
According to the proposal:
The timber mark registration...
Bilski oral arguments
As the oral arguments in the Bilski appeal start, the WSJ and Bloomberg present an overview of the case. The case is slated for hearing today, November 9, 2009.
US Supreme Court case number: 08-964.
Obviousness practice notice
CIPO has released new guidance on assessing the “obviousness” of an invention. One of the requirements for patentability is non-obviousness (aka inventiveness). The other key requirements are novelty and utility.
The obviousness inquiry has undergone extensive change following the Supreme Court of Canada’s Sanofi decision released about a year ago.
The Canadian Patent Office...