Brion Raffoul wishes all the budding scientists, computer scientists, engineers, and mathematicians a Happy National STEM Day. Without STEM careers, patent law would not have developed to what we know it as today. If any budding scientists or engineers need some motivation to continue on the STEM path, here are some historical Canadian patents for inspiration!
For example, one of the first electric light prototypes (before Edison’s) was patented in 1874 by Canadian inventors Henry Woodward and Mathew Evans. Unable to secure investors, Woodward sold the rights to the US Patent to Edison in 1879. Edison later bought a share in the Canadian rights.
Natalie Raffoul joined a long list of exceptional speakers, including Michelle Obama and Chris Hadfield, at the Elevate Toronto Tech Festival today. The Elevate Tech Fest showcases the best of the Canadian innovation ecosystem. Natalie shared the stage with Carole Piovesan of INQ Data Law for the panel “Why Your AI Company Will Fail Without the Right IP Plan” moderated by Sean Silcoff of the Globe and Mail. Natalie spoke about IP trends and legal risks in artificial intelligence and machine learning, providing a IP lawyer and patent agent’s unique perspective on protecting AI assets.
The Millionaires Lawyer: From Startup to Payout Podcast launched their newest episode entitled “Natalie Raffoul – Patent and Trademark Queen”. If you have any questions regarding IP strategy, check out this podcast!
Natalie goes through some of the misconceptions surrounding patenting, especially in the high tech and software space. She also goes through how start-ups and small businesses can avoid some of the major pitfalls with protecting their IP. This is a can’t miss podcast for any start-ups and small businesses interested in protecting their IP.
Listen to The Millionaires Lawyer: From Startup to Payout Podcast online on all major platforms:
Despite the Toronto Raptors’ historic win last night, they may have some trouble ahead with their, now iconic, logo. Monster Energy is suing the Toronto Raptors over the clawed basketball logo. Documents from the U.S. Patent and Trademark Office’s (USPTO) Trial and Appeal Board (TTAB) show that the two companies have been fighting over the “claw” style logos since 2015. Monster Energy claims that the Raptors’ logo of a clawed-up basketball is too similar to Monster Energy’s claw logo:
Monster Energy’s Logo
Monster’s “claw” logo is of three jagged vertical gashes. The company has used the three gashes since 2002. The Raptors’ old “claw and a basket ball” trademark was filed with the USPTO in 1994 and registered in 2003.
Raptors’ Old Logo
In 2014, the Raptors redesigned the team’s logos and filed US trademark applications for the following:
Raptors’ New Logos
In May 2015, Monster Energy opposed the Raptors’ new US trademark applications. Over the past 4 years, the two companies attempted to settle the case but failed to reach a settlement by 2018, when the case went into discovery.
A recent document shows that Monster Energy filed a motion for partial summary judgement stating that the equitable defense of prior registration that the Raptors asserted is only available when the marks and goods/services in the subject application are essentially the same as the mark and goods/services in a prior registration. Monster Energy argues that the Raptors’ Trademarks are not substantially identical to the prior registration. Namely, the Raptors’ design was changed from independent claws and a basketball to claws within a basketball. Furthermore, one of the new marks added the words “TORONTO RAPTORS”, which is not found in the old mark. Monster also states that the Raptors described the new marks in very different ways, and they intended to create new marks for evolving the aging Raptors brand. The TTAB has yet to decide the outcome of the motion.
The trademark fight extends to the Raptors’ home court, Canada. Monster Energy opposed the Raptors’ Canadian trademark application for the “TORONTO RAPTORS” logo in December 2016. Interestingly, the Raptors successfully registered their new logo without the “TORONTO RAPTORS” on March 10, 2017 with the Canadian Intellectual Property office (CIPO).
Monster Energy may try to bring down the Raptors’ trademarks, but nothing can take away from last night’s win!
The INTA Annual Meeting has become the largest intellectual property congress every year. Managing partner, Natalie Raffoul, and Senior Patent Counsel, Dennis Haszko, look forward to meeting with numerous IP colleagues from around the globe and on exchanging updates on IP practice globally. The Meeting is being held in Boston from May 18 to 22, 2019.
Bonne nouvelle! Puisque nous offrons tous nos services dans les deux langues officielles, nous avons maintenant une version française de notre site web. Jetez-y un coup d’œil : https://bripgroup.com/fr/
“Build a better mousetrap, and the world will beat a path to your door.”
Blockchain, nanomaterials, AI, CRISPR – disruptive technologies can transform entire industries. A common misconception is that patents are only for protecting cutting-edge and disruptive innovation. Indeed, only technology that is new and non-obvious can be protected by a patent. However, these requirements do not mean that only disruptive technologies can be protected. In fact, the Canadian Intellectual Property Office (CIPO) estimates that 90% of patents are for improvements to existing patented inventions. For example, a patent was granted this week for a bar of soap!
An improvement patent is based on technology that builds on a previous idea or invention – a better mouse trap if you will. An improvement patent does not give you the right to use the original patented invention as the patent holder can exclude others from using their invention. However, an improvement patent gives you the right to exclude others from using the improvement.
Exclusivity over the improvement can be a valuable defensive tool when faced with the threat of an infringement suit. Companies can avoid protracted and expensive patent litigation by aligning with would-be competitors or infringers and cross-licensing your technology with the patent holder of the original invention. A cross-license is an agreement to grant mutual rights to each party’s respective patents.
A perfect example of a beneficial cross-licensing relationship is Google and Samsung Electronics, who signed a broad cross-licensing agreement in 2014. By joining forces, Google and Samsung Electronics mitigated their risk of infringement, allowing the companies to place a larger emphasis on innovation. Cross-licensing agreements are especially effective for companies that target different markets, creating a win-win for everyone.
Far too often companies underestimate the value of small improvements made to existing technology. By protecting incremental improvements, companies can bolster their IP portfolio and create new opportunities to license other technology.
Natalie Raffoul collaborates with Jim Hinton, a patent lawyer and principle at Own Innovation, to discuss the critical importance of having strong intellectual property expertise advising the government on IP rights, in particular on the ownership of patent and data rights, when negotiating public-private partnership (P3) agreements and in setting government policy on such P3 agreements.
Their article appeared in the business section of The Globe and Mail on February 18, 2019