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Osler Update June 22, 2022

Canadian Court again rejects problem-solution approach to subject-matter eligibility of computer-implemented patents

The Federal Court of Canada has once again rejected the problem-solution approach to determining eligibility for computer-implemented patent...

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Canadian Court again rejects problem-solution approach to subject-matter eligibility of computer-implemented patents
Osler Update December 13, 2021

Time to talk about ownership of AI-generated intellectual property assets

Systems for protecting intellectual property (IP) have been in place since the Middle Ages, encouraging skilled, innovative technicians by granting...

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Time to talk about ownership of AI-generated intellectual property assets
Osler Update September 24, 2021

The impact of CAR T cell patenting on access to therapy in Canada

A recent U.S. court decision provided narrow patent scope for a basic CAR T therapy patent.

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Osler Update June 24, 2021

Federal government opens new agricultural clean technology program to applicants

In their Osler Update, authors Neal Ross, Nathaniel Lipkus, Justin Young, Jacob Young and Tyler Warchola comment on the federal government’s new...

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Federal government opens new agricultural clean technology program to applicants
Osler Update April 27, 2021

Federal Court of Appeal provides course correction on the interpretation of pharmaceutical certificates of supplementary protection

The Federal Court of Appeal’s latest decision affirms that the Minister of Health is afforded deference in setting CSP policy, provided the...

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Osler Update February 24, 2021

Canadian courts are interpreting supplementary pharmaceutical patent protection more broadly than their EU counterparts

In the first two Canadian Federal Court decisions to interpret the scope of CSPs, the Court ruled in favour of broad CSP protection where similar...

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Osler Update January 26, 2021

Choueifaty patent application found to possess patentable subject-matter

The Commissioner of Patents' recent finding provides insight on the application of CIPO’s practice guidance, which is intended to comply with the...

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Osler Update December 8, 2020

2020: A year of clarity for Canadian life sciences and software patents

Two industries in which patents play an undeniable strategic role are life sciences and software. Canada has historically been a strategic...

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Osler Update November 10, 2020

Canadian patent office issues guidance on computer-implemented and medical inventions following Choueifaty decision

The Canadian Intellectual Property Office (CIPO) has issued new guidance explaining how CIPO intends to apply the decision in Yves Choueifaty v...

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Osler Update September 11, 2020

Federal Court invalidates tadalafil dosage patent finding dose selection to be routine

The Federal Court has issued its decision in Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020 FC 816, invalidating Eli Lilly’s patent,...

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