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patents

United States Patent Reform – Give Up and Do It Right?

United States Patent Reform – Give Up and Do It Right?

Lee Hollaar is a professor of computer science at the University of Utah, where he teaches engineering and intellectual property law as well as networking and operating systems. On June 8, 2005, the Patent Reform Act of 2005 was introduced in the United States House of Representatives, to whatever fanfare accompanies patent legislation. Its primary […]

The People's Patent Group: Generic Pharmaceuticals, Agricultural Biotechnology and International Human Rights

The People's Patent Group: Generic Pharmaceuticals, Agricultural Biotechnology and International Human Rights

Justin Lim is a student at Osgoode Hall Law School (J.D. Class of 2010) and Student Director of the International Legal Partnership I'm very excited to announce the collaboration between IP Osgoode and the International Legal Partnership (ILP) that will see the placement of Research Fellows with the People's Patent Group (PPG) in Delhi, India. From […]

Are Patents on Interfaces Impeding Interoperability?

Are Patents on Interfaces Impeding Interoperability?

Pamela Samuelson is the Richard M. Sherman ‘74 Distinguished Professor of Law and Information at the University of California at Berkeley and is a member of IP Osgoode's International Advisory Council. Many commentators and policymakers have expressed serious concerns about the exclusionary potency of patents on communications protocols and interface designs for information and communications […]

Patent Infringement Remedies: Is a Nonexclusive License Worth Less?

Patent Infringement Remedies: Is a Nonexclusive License Worth Less?

Although a patent is typically seen as a right to exclude others, the willingness of American courts to automatically provide that right through a permanent or preliminary injunction has been affected by the Supreme Court of the United States in Ebay v. MercExchange (547 U.S. 388 (2006)).  In a recent article, Prof. Richard Epstein argues […]

Discourse About Patents and Standards Highlight Tension Between Intellectual Property Rights and Competition Law

Discourse About Patents and Standards Highlight Tension Between Intellectual Property Rights and Competition Law

As a part of my undergraduate studies, I took a course in business strategy, and one of the most memorable topics was technological lock-in.  We were taught that there is explicit value in being a technological first-mover because such businesses can create switching costs for purchasers by establishing a proprietary standard in a new market. […]

Digital Books for Patent Prosecution?

Digital Books for Patent Prosecution?

Although copyright issues have consumed the spotlight when it comes to Google Books, a recent thread has suggested that this feature may be of great use when it comes to patent prosecution. More specifically, the suggestion has been that Google Books has potential to become useful for prior art searching undertaken during preparation of a patent […]

Can we blame strong IP protection for climate change?

Can we blame strong IP protection for climate change?

In recent years, there has been a growing concern about the increasing levels of greenhouse gas emissions and their detrimental effect on the environment. To respond to this concern, countries have agreed to abide by world-wide abatement targets by reducing CO2 emissions to a certain level.  However, curbing greenhouse gas emissions in developing countries has been […]

In re Bilski North of the Border

In re Bilski North of the Border

On March 13, IP Osgoode held a panel discussion entitled Business Method Patents: Bilski and Beyond. While the tagline of the event indicated it was to ‘Explore the effect in Canada of recent US business method patent jurisprudence,’ attendees got treated to a lot more. Speaking from a wide array of perspectives, the panelists provided […]

Pharmaceutical Industry Jumps Into the Patent Pool

Pharmaceutical Industry Jumps Into the Patent Pool

In a move that signals a completely new approach in its industry, pharmaceutical giant GlaxoSmithKline (GSK) has announced that it will participate in a patent pool to allow access to patented chemicals and processes for development of treatment options relating to neglected diseases. The pharmaceutical industry has long taken criticism for the price of medicines, […]

“Ducking” TRIPS: Novartis and the legality of Section 3(d) of the Indian Patents Act

“Ducking” TRIPS: Novartis and the legality of Section 3(d) of the Indian Patents Act

Professor Shamnad Basheer (National University of Juridical Sciences, Kolkata) is an IP Osgoode Research Affiliate and is also the founder of SpicyIP, a leading blog dedicated to analyzing IP and innovation policy news and cases from India. Glivec, a path-breaking anticancer drug by Novartis propelled Indian patent law onto the world stage in an interesting […]