Author: Marc Lampert Two recent Federal Circuit decisions, Finjan, Inc. v. Blue Coat Systems (2018) and Trustees of Columbia University v. Gen Digital (decided recently in March 2026), together draw one of the clearest lines in recent memory between software patents that hold up in court and those that don’t; and draw important lessons for drafting of software …
Understanding Patent Searches: A Practical Guide for Inventors and Legal Professionals
Introduction Patent searches are not one-size-fits-all; they come in various types, each serving a unique purpose in the invention and patenting process. For an inventor new to patents, the terminology can be confusing. Is a “prior art search” different from a “patentability search”? What is an “FTO search”? This guide …
INTELLECTUAL PROPERTY HIGHLIGHTS IN CANADA’S 2025 BUDGET
Canada’s Budget 2025 provides a fair opportunity to foster innovation and intellectual property (IP) in a constantly evolving world. The budget recognises innovation as central to Canada’s economic growth and aims to achieve this by supporting and growing Canadian businesses. The Canada Budget 2025 aims to create conditions for sustainable, …
Strategies for Navigating the New USPTO Fee Structure
Article by Marc Lampert As we find ourselves in 2025, the United States Patent and Trademark Office’s (USPTO) new fee structure, implemented on January 19, 2025, is now in full effect. In order to maximize value and cost-efficiency, patent applicants should adapt their patent prosecution strategies given this new fee …
Proximate Cause Vital to Due Care Standard Analysis in Canada: Matco Tools Corporation v. Attorney General of Canada
Article by Pooja Phaterpekar In a recent Federal Court of Canada decision, Matco Tools Corporation v. Attorney General of Canada, clarification was provided regarding the application of the due care standard under Section 46(5) of the Patent Act due to missed maintenance fee payments. This article examines the implications of …
Connection to Canada: Reviewing the reasoning in ProSlide Technology, Inc. and WhiteWater West Industries, Ltd.
Article by Marc Lampert ProSlide, which is based in Ottawa, and WhiteWater, which is headquartered in Richmond, B.C., are global leaders in the water slide industry. Both WhiteWater and ProSlide have been involved in a multi-jurisdictional and years-long court struggle centering around ProSlide’s patents to its waterslide products. In the …
Bhole IP Law Proudly Sponsors Innovation & Creativity in Ontario
At Bhole IP Law, we are committed to supporting groundbreaking ideas and emerging talent in Ontario’s entrepreneurial and creative sectors. That’s why we’re thrilled to sponsor two exciting events that champion innovation, mobility, and fashion law. SmartTO Innovation Challenge CompetitionThe SmartTO Innovation Challenge is calling on Ontario startups to revolutionize …
Mark your Calendars: Fireside Chat on Intellectual Property and Raising Capital
On April 2, 2025, Bhole IP Law will host an engaging fireside chat featuring Matt Cohen, Founder and Managing Partner of Ripple Ventures. Learn how intellectual property can give startups a competitive edge in the venture capital world, from signaling innovation to creating defensible market positions. Don’t miss this unique opportunity to …
Bhole IP Law Engages University Audiences on IP in Biotechnology and Engineering
Bhole IP Law was pleased to contribute to two recent university talks focused on intellectual property (IP) and commercialization. On January 20, 2025, Marc Lampert joined Alex Koch of Koch Law to engage with students in York University’s Biotech Commercialization program. The discussion covered key aspects of IP and commercialization …
Greater Clarity for Subject-Matter Eligibility in Canadian Patents: The Benjamin Moore Case
By Marc Lampert The Federal Court, in Benjamin Moore & Co. v. Attorney General of Canada, 2022 FC 923, has recently issued a decision that may help address a controversial practice by the Canadian Intellectual Property Office (CIPO); and in doing so, will add much needed certainty for patent Applicants. …
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