Tag Archives: Patents

Patentees 2023

In 2023, approximately 27,500 patents were granted by the Canadian Patent Office, the most since I’ve been tracking patent stats, and up substantially from a slow year in 2022 when only 18,125 were granted. Boeing was the top recipient of patents in Canada in 2023. The other top recipients were Halliburton Energy Services, Huawei Technologies, 10353744 Canada Ltd. and Qualcomm. See more for the top 20. Continue reading Patentees 2023

Due Care

CIPO has shared a “Due Care Observations” notice that says that many requests for reinstatement on the basis of due care i) do not address the ‘relevant point in time’, ii) refer to ‘unintentionality’ rather than ‘due care’, iii) do not address that ‘all authorized persons must show due care’, and iv) ‘lack information’ on what actions were taken to avoid a failure. The observations also address the situation where an agent remains of record but an annuity service is paying maintenance fees.

US Supreme Court

The United States Supreme Court issued several decisions yesterday that may be of interest:

  • Twitter, Inc. v. Taamneh and Gonzalez v. Google LLC – social media companies are not liable for terrorist attacks by hosting accounts from terrorists: “To impose aiding-and-abetting liability for passive nonfeasance, plaintiffs must make a strong showing of assistance and scienter. Plaintiffs fail to do so.”
  • Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith – copyright fair use does not cover Warhol’s use of a photograph by Goldsmith to create a silkscreen portrait of Prince -> “the purpose of the Orange Prince image is substantially the same as that of Goldsmith’s original photograph. Both are portraits of Prince used in magazines to illustrate stories about Prince.”
  • Amgen Inc. v. Sanofi – patent enablement -> “Amgen’s claims sweep much broader than the 26 exemplary antibodies it identifies by their amino acid sequences. Amgen has failed to enable all that it has claimed, even allowing for a reasonable degree of experimentation

Supreme Court

Today, the Supreme Court issued its decision in Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43 regarding the quantification of an accounting of profits as a result of patent infringement. The majority dismissed the appeal with a focus on the ‘non-infringing option’: “a non-infringing option helps courts isolate the profits causally attributable to the invention from the profits which arose at the same time the infringing product was used or sold, but which are not causally attributable to the invention.” The majority also upheld springboard profits, saying, “a portion of such post-expiry profits may be causally attributable to infringement of the invention.” Continue reading Supreme Court