News & Analysis as of

Federal Court Litigation Patent Applications

Smart & Biggar

Avoiding the hindsight trap in the context of a patent obviousness analysis

Smart & Biggar on

While courts have often warned that hindsight bias should be avoided when assessing whether a patented invention would have been obvious to the skilled person, the application of this principle can be challenging in practice....more

Smart & Biggar

Relief under Canada’s stringent “due care” standard for missed maintenance fees? Federal Court requires CIPO to consider events...

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In Matco Tools Corporation v Canada (Attorney General), 2025 FC 118 (Matco Tools), the Federal Court found that a decision by the Commissioner of Patents to refuse to reinstate a patent application following the failure to...more

McDonnell Boehnen Hulbert & Berghoff LLP

Impact of COVID-19 Pandemic on Patent Offices and Federal Courts -- UPDATED

On Wednesday, World Health Organization Director-General Tedros Adhanom declared that the COVID-19 outbreak "can be characterized as a pandemic," cautioning that the WHO has "rung the alarm bell loud and clear."  At the time...more

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