Entries by Douglas B. Thompson

Changes in Canadian Law Bring Unconventional Trademarks into the Mainstream

Through the years there have been attempts to obtain Trademark Protection for what have come to be known as “unconventional” Trademarks, such as sound, scents and moving images.  To date these “unconventional” Trademarks have not received a warm reception, as most applications for “unconventional” Trademarks are refused.  On March 1, 2013 Bill C-56 passed first […]

New Canadian Patent Guidelines on Computer Implemented Inventions

All patent offices are wrestling with setting rules as to when a “method” should be patentable.  A method that has a series of computer implemented steps has been considered to be good subject matter for invention.  On March 8, 2013, the Canadian Intellectual Property Office (CIPO) issued guidelines as to when a computer implemented invention […]

New Canadian Patent Guidelines on Purposive Construction

In the Amazon.com case, the Court was highly critical of the Canadian Intellectual Property Office (CIPO) for not using “purposive construction” of patents.  On March 8, 2013, CIPO issued new guidelines for Patent Examiners regarding “purposive construction”.  Guideline 1 requires the Examiner to use a “fair, balanced and informed approach” to understand the background knowledge […]

A Discussion Of Patent Strategy

The end objective for an established business is to develop and launch a product or service that captures substantial market share and returns a profit to the business.  When considering patent protection, I strongly recommend that the established business invest in the best patent search available.  The reason for this recommendation is that the business […]

Eurocopter v. Bell Helicopter Textron Canada

Eurocopter v. Bell Helicopter Textron Canada I want to make you aware of the case of Eurocopter v. Bell Helicopter TextronCanadadecided earlier this year by Mr. Justice Martineau of the Federal Court relating to a patent on a skid type landing gear for helicopters.  This case may alter the approach taken when drafting mechanical patents […]