We Bring Technology to Market.

Work with us

What an IP coordinator should know: The prior art wall

As part of our ongoing series examining the ecosystem necessary to bring technology to market, David French, a senior Canadian patent attorney with 35 years of experience, now provides a further of his commentaries on the importance to a company of protecting its Intellectual Property.

By David French

In the last blog post in this series we identified how “loopholes” can seriously undermine the value of a patent. In an earlier post, we touched upon the novelty requirement for obtaining a patent. In this post, we address in greater detail the reality of the existence of prior art and its impact on potential patent coverage.

The Golden Rule of patent law is that a patent claim cannot take away from the public anything that was previously available to the public. That is, the claims of the patent, defining the exclusive rights of the owner, cannot describe or read on anything that existed previously. If they did, the patent could be asserted against something that was previously available. That is prohibited.

Read More

What an IP Co-ordinator should know: Closing patent loopholes

As part of our series examining the ecosystem necessary to bring technology to market, David French, a senior Canadian patent attorney with 35 years of experience, now provides his next commentary on the importance to a company of protecting its Intellectual Property.

By David French

In the previous postings in this series I talked about the importance of having an IP Co-ordinator on the team and the three principles that apply if the objective is to obtain meaningful patents, This time, I will address how “loopholes” can seriously undermine the value of a patent.

Everybody has heard that patents can have loopholes. Often, the truth that a patent has loopholes is only appreciated when an attempt is made to enforce the patent against a competitor. When this occurs, the competitor, after consulting with a specialist, may be able to modify its product so that it does not fall within the scope of the claims of your patent. How does this unfortunate situation arise?

Read More

File early, file often to accommodate changes in U.S. patent law

As part of our ongoing series examining the ecosystem necessary to bring technology to market, David French, a senior Canadian patent attorney with 35 years of experience, explores impending changes in U.S. patent law and how these will impact how technology companies must manage their patents to protect their Intellectual Property.

By David French

In about 18 months, U.S. patent law will undergo its most dramatic change since 1952, possibly since 1836. These changes will have an effect on Canadian businesses who seek to obtain U.S. patents, but those changes are not so profound as to require a significant departure from good practice under Canadian law. Nevertheless, it’s important for anyone managing patents to appreciate the significance of these coming changes.

The new, proposed U.S. patent law

This new legislation has been promoted as introducing first-to-file criteria into U.S. patent law for granting patents. It does, indeed, do that.

But the patenting requirements of the new law extend far beyond the first-to-file requirement. The first-to-file requirement simply addresses the situation where competing applications are filed for the same invention. The new law will introduce the concept of “absolute world novelty” as a limit to the grant of a U.S. patent. And, the law will add further novelty limitations which should be appreciated by Canadian businesses who wish to preserve their U.S. patent rights.

Read More

Is your invention novel enough to warrant a patent?

As part of our ongoing series examining the ecosystem necessary to bring technology to market, David French, a senior Canadian patent attorney with 35 years of experience, now provides the fifth of his commentaries on the importance to a company of protecting its Intellectual Property.

By David French

I began this series by talking about the importance of having an IP Co-ordinator on the team and how this role fits into an organization. Then I addressed what it means to obtain meaningful patents. We identified the three principles that apply if the objective is to obtain meaningful patents:

1. Right invention

2. Right market circumstances

3. Right patenting opportunity

In my last post I addressed the concept of “right market circumstances.” This time I will address the concept of the “right patenting opportunity.”

Read More

So you have the right invention, do you have the right circumstances?

As part of our ongoing series examining the ecosystem necessary to bring technology to market, David French, a senior Canadian patent attorney with 35 years of experience, now provides the fourth of his commentaries on the importance to a company of protecting its intellectual property.

By David French

In a previous post, I talked about the importance of having an IP Coordinator on the team and how this role fits into an organization. Part of the responsibilities of such an individual is to ensure that a company is obtaining value when it pays to patent its inventions. I identified the three principles that apply if the objective is to obtain meaningful patents:

  1. Right invention
  2. Right circumstances
  3. Right procedures

Read More

Page 6 of 7« First...567

Join us

Events We're Attending:

  • image description
  • image description
  • image description
  • image description
  • image description
  • image description
  • image description