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Ahmed Elmallah

Intellectual Property Lawyer at Bennett Jones Edmonton

Counsel, Patent Agent, Trademark Agent

Edward (Ted) Yoo

Patent & Trademark Agent | Biotech, Pharma & Tech Innovations

Partner, Patent Agent, Trademark Agent

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

Partner

How an AI system is commercialized and deployed also affects whether patent protection is appropriate. In many cases, the degree of control retained by the provider over the deployed system acts as a counterweight to other considerations that might otherwise favor trade secret protection.

AI Patents A Corporate Decision Tool IV

The Business Delivery Model

AI: Is Patenting Really the Right Move? - Factor IV

This article forms one part of a broader decision framework for evaluating whether patent or trade secret protection is appropriate for AI innovation.&nbsp;The framework is designed to help decision-makers (e.g., innovaters, in house, CTOs) align patent and IP strategy with underlying business realities and moving beyond purely "legal" considerations.&nbsp;
Within that framework, this article addresses a second decision factor: what is the realistic patent scope for the AI innovation?&nbsp;An AI patent with meaningful scope can block competitors from implementing commercially viable alternatives. Assessing enforceable scope therefore requires focusing on some of the following factors: (a) competitor blocking potential; (b) detectability of infringement; and (c) divided infringement.

AI Patents A Corporate Decision Tool II

The Enforceable Patent Scope

AI: Is Patenting Really the Right Move? - Factor II

Defensive blocking considers whether a patent can prevent others from patenting or controlling adjacent technical or commercial space. It matters for two main reasons: (i) to stop competitors from obtaining patents that could later restrict your ability to operate, and (ii) to provide leverage for counter-assertion if a competitor brings a patent claim against you.

AI Patents A Corporate Decision Tool VI

Competitor Defensive Positioning

AI: Is Patenting Really the Right Move? - Factor VI

Finally, and most importantly, patentable potential addresses whether the innovation is likely to satisfy the main requirements for patentability: novelty, non-obviousness and subject-matter requirements. This assessment is highly fact-specific and depends on the prior art landscape and how the invention is framed. Early analysis helps determine whether patent protection is realistic and worth pursuing.

AI Patents A Corporate Decision Tool VII

Patentability Potential & Layered Strategies

AI: Is Patenting Really the Right Move? - Factor VII

Oliver Loxley

Corporate Lawyer at Bennett Jones Vancouver

Aaron E. Sonshine

Corporate Finance, Mergers and Acquisitions and Corporate Governance Lawyer at Bennett Jones Toronto

Partner 

Alexandra Doane

Articling Student at Bennett Jones in Vancouver

Articling Student

The SEC&rsquo;s March 5 exemption preserves the existing insider reporting framework for Canadian foreign private issuers that report through SEDI, despite changes introduced by the HFIAA. This update clarifies cross-border reporting obligations and maintains the status quo for affected issuers and their insiders.

Canadian Foreign Private Issuers Remain Exempt from US Insider Reporting Requirements

James D. Beeby

Corporate Finance, M&A, Private Equity and Venture Capital Lawyer

Lisa Kakoske

Corporate and Securities Lawyer

Harpar Gill

Associate

The Canadian Securities Administrators (CSA) has introduced a voluntary Semi-Annual Reporting (SAR) Pilot allowing eligible venture issuers on the TSXV or CSE to file only six-month interim financial reports. The pilot aims to reduce reporting burdens while maintaining key continuous disclosure requirements for investors.

CSA Adopts Semi Annual Reporting Pilot For Venture Issuers

CSA Adopts Semi-Annual Reporting Pilot For Venture Issuers

Ashley M. White

Corporate & Commercial Transactions Lawyer | Power & Energy

Jason D. Roth

Construction & Infrastructure Lawyer | EPC & Project Development

Larissa D. Lees

Regulatory Lawyer at Bennett Jones Calgary

The Government of Alberta has announced plans for a 120-day approval timeline for major projects, aiming to accelerate development while maintaining Indigenous consultation and environmental protections. This initiative, aligned with federal policy and recent Alberta&ndash;Canada agreements, could create more predictable regulatory processes and meaningful investment opportunities across energy, infrastructure, CCUS and critical minerals projects. Industry participants should monitor implementation closely, as details on eligible projects and procedural interaction are still forthcoming.

Major Projects on the Horizon in Alberta

Government of Alberta Announces 120-Day Major Project Approval Timeline

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Makda Yohannes

Commercial Litigation Lawyer at Bennett Jones Toronto

Stephen D. Burns

Energy & Infrastructure Technology Lawyer | IT/OT & Markets

Partner, Trademark Agent

Artificial intelligence is increasingly being used to understand legal rights and generate court filings, raising concerns about the unauthorized practice of law. This insight examines recent US litigation, key risks and practical considerations for responsible AI use in the Canadian legal context.

Artificial Intelligence and the Practice of Law

Artificial Intelligence and the Practice of Law: Real‑World Implications for the Profession and the Justice System

David Cassin

Employment Lawyer at Bennett Jones Toronto

Talia K. Bregman

Management-side Employment Lawyer at Bennett Jones Toronto

The Ontario Superior Court&rsquo;s decision in Ghazvini v. CIBC strikes down a termination clause in federally regulated employment agreements under the Canada Labour Code. This ruling applies the Waksdale framework, emphasizing that termination clauses must meet statutory minimums for notice and cause. Federally regulated employers should review and update template agreements to ensure compliance and reduce the risk of future disputes.

Federally Regulated Employers Time to Review Employment Agreements After Ontario

Federally Regulated Employers: Time to Review Employment Agreements After Ontario Court Strikes Down Termination Clause

Sébastien Gittens speaks at ANHIX 2017 Spring Symposium & AGM

From the Same Authors