Patenting the invention is usually the better route, as it gives broader rights that cover your product and any other products that use the same inventive feature. Your claims ideally do cover systems, devices, components, and methods that appear in many products. Conversely, a product patent or patenting your product simply means claims directed to...Read More
The USPTO launched the Automated Pre-Examination Search Pilot Program on 2025 October 20 and it failed. They are using Artificial Intelligence (AI) in the patent examination workflow. Our advice was to not use it. Others agreed since only 169 applications made use of the program. So 2026 March 23, the USPTO waived the fee. Even...Read More
Two common types for a patent search in intellectual property practice are the patentability search (novelty search) and the landscape search (patent landscape). Some of our clients confuse these labels, but once explained, they know what they need. Searches All searches include a review of references, compilation of the representative or most important references, and...Read More
Artificial intelligence is evolving fast, transforming industries from healthcare and logistics to retail and finance. Canada is keeping pace through Scale AI, an independent supercluster that funds collaborative projects focused on AI adoption or commercialization across sectors. Read on to discover its key requirements. Background Scale AI is Canada’s national AI innovation hub, investing in...Read More
What are year-end reflection for IP managers? As the year winds down, intellectual property managers have a unique opportunity to reflect on accomplishments and set the stage for success in the coming year. Inspired by the 12 Days of Christmas, here are twelve (12) meaningful tasks to consider as you wrap up the year. One...Read More
By Dona Anderson The Canadian government offers various export funding programs to support businesses in entering and expanding into international markets. As part of the CanExport funding program, the CanExport Associations stream is now open for applications until January 6, 2026. Eligible projects must take place between April 1, 2026 and March 31, 2027. For...Read More
US Patent Office issues new guidelines for AI-assisted inventions. The new director of the USPTO was busy during the last week of November – busy upsetting the robots of the future. John Squires stated that the patent office considers generative AI systems to be “analogous to laboratory equipment, computer software, research databases, or any other...Read More
September, October and November of 2025 have seen several significant changes at the USPTO. In recent posts, we shared with you details of the Performance Appraisal Plan (PAP) and changes to it. An important change in the PAP relates to interviews and your USPTO interview strategy. Background You’ve probably read all the etiquette on interviews,...Read More
The fall of 2025 saw several significant changes and announcements at the USPTO, particularly in the areas of leadership shifts, Artificial Intelligence (AI) integration, new procedures, guidance on subject matter eligibility, proposed rules for the Patent Trial and Appeal Board (PTAB). However, the USPTO is changing the Performance Appraisal Plan (PAP). Overview of PAPs As...Read More
The USPTO has proposed changes to the examiners’ Performance Appraisal Plan (PAP) with effect on applicants and, to a lesser extent, their patent agents. Nobody is sure how to meet these changes, but we will review the system, the changes, and our suggestions over a few posts: PAP and counts — the mysterious way the...Read More
