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Canada’s Intellectual Property Firm

Canadian patent ownership dispute

Authored byMeika Ellis

A recent Ontario Superior Court of Justice decision (Sernova v. Shapiro, 2018 ONSC 841) between a university, a researcher, and two companies, provides important insights into the interplay between ownership of inventions, invention dates, and contractual obligations. It also emphasises the importance of thoroughly documenting R & D activities.

The case revolved around a University of Alberta (“U of A”) researcher, Dr. James Shapiro, who worked in the field of diabetes treatments. Dr. Shapiro owned a company, Shapiro Professional Corporation (“Shapiro PC”), that contracted his research for private companies. All three of these entities (the researcher, his company, and the university) were the Respondents in this case.

To read Meika Ellis’ full article, please visit The Patent Lawyer Magazine‘s website.