Clients hate paying 'by the fry'. Why do people love the pricing of Happy Meals? Because they know what they are getting for one fixed price. When it comes to IP prosecution the same principle applies: clients love fixed prices and…
I was recently told by a British colleague that Canadian patents were pricey. I was stunned, and did not respond properly at all. After some reflection, I put together this little video to say now what I should have said…
Can shipping "from yourself to yourself" possibly amount to "inducing infringement"? I always thought that it "took two to tango". However, a recent US Federal Circuit decision disagrees: in Promega v. LifeTech the Court held that you could induce yourself…
Get everyone on the same page for foreign filings It is crucial to ensure that all stakeholders have shared expectations in advance for foreign filings. Foreign filings work if they flow smoothly, and there were shared expectations about: substantive issues…
When you file patents outside the US that correspond to the patents you are already filing in the US you can add significant value to the applicant's portfolio very cost-effectively. The applicant gains rights in large markets that may be…
Best practices for foreign filings Want to avoid being sued? Want to be a foreign filing hero? Make sure the chain of title is correct. In particular, we strongly recommend as best practices that you secure assignments from the inventor…
Investing is a low-barrier to entry, poorly-regulated business so it should come as no surprise that many fund managers say crazy things when talking about their historic returns. Similarly, retain and angel investors prefer to glorify their returns even if…
Patent trolls are here to stay Here are some fundamental truths: Patents are not self-enforcing, nor does the state enforce your patent rights; A patent is nothing more than a call option to sue, and unless the patent owner enforces…
We face a crisis of ignorance about intellectual property - seriously, more people know less about IP than any other core business discipline. IP is not the be-all or end-all of business. Lots of other disciplines like marketing, sales, finance…
The CEO of MaRS Discovery District (an incubator in downtown Toronto) is paid an astonishing $500,000 plus pension and benefits. This is unconscionable. It is an obscene amount of money to pay for a position that is a cross between…