Proposed Changes to the Canadian Patent Rules

The Canadian government has provided notice of a number of proposed changes to the Canadian Patent Rules.  These particular changes will impact patent Applicants’ costs and may call for different prosecution tactics. As of this writing, the date the proposed changes are to come into force has not officially been announced.  However, we expect this …

United States V. Arthrex: Inter Partes Review Decisions Now Reviewable by the PTO Director

On June 21, 2021, the Supreme Court issued its decision in United States v. Arthrex, which created a review process that gives the PTO Director the ability to independently review decisions rendered by Administrative Patent Judges (“APJs”) and issue, modify, or otherwise change those decisions on behalf of the Patent Trial and Appeal Board (“PTAB”). …

Amazon’s New Utility Patent Neutral Evaluation Process

With businesses becoming increasingly dependent on the sale of goods at online marketplaces such as Amazon.com, especially during the pandemic, it has become increasingly important to quickly combat product listings that violate intellectual property rights. Amazon’s new Utility Patent Neutral Evaluation Process (UPNEP) provides a streamlined process for contesting product listings that infringe patent rights.  …

THE SURPRISING SCOPE OF EUROPEAN DESIGN PATENT RIGHTS

The scope of European design patents are quite surprising. Unlike in the U.S., design patent applications in Europe are not reviewed by an Examiner to determine patentability – the patent application just has to meet the formality requirements to grant. Thus, the European Union Intellectual Property Office (EUIPO) does not determine the scope of a …