Peter Cowan

A really interesting paper from the Centre for the Study of Living Standards on Canada's "patent productivity paradox" - despite Canadian inventors doubling the amount of USPTO patents filed from 1990 to 2018, total factor productivity only went up 7% compared to 20% in the US and 46% (!) in South Korea. While there's not a perfectly clear relationship between patents and productivity, the authors find that Canada's is "unusually weak." Why? They look at a few explanations. Canada's sector composition/industrial structure doesn't seem to account for it. Neither does patent quality. But what did move the needle was Canada's high rate of foreign ownership of Canadian inventions - a result of both outmigration of inventors (we're the world's #3 exporter of inventors after China and India!) and foreign control of domestic inventions, which can successfully integrate Canadian inventions into the operations of the companies that control them without meaningfully 'spilling over' into wider Canadian adoption. It's a nuanced and interesting look at this phenomenon and probably the best empirical treatment currently available - highly recommend!

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Proud of this fantastic article on Law360 Canada by Alex Levin! 🔥 Discover how AI is transforming patent infringement research. #PioneerIP #AI #LegalTech

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New Decision from the Federal Court of Canada - Patent Law The Court concluded that a Canadian company was not infringing Canadian patents for water slides despite creating the slide designs in Canada, providing these designs to sub-contractors, inspecting and auditing the moulds created by the subcontractors, sending instructions for slide assembly and supervising installation, because: - the sub-contractors manufactured the parts outside of Canada; - the slides were assembled outside of Canada; and - the slides were used outside of Canada. Therefore, the defendant was not making constructing, using, or selling the invention in Canada. Proslide Technology, Inc. v. Whitewater West Industries, Ltd. 2024 FC 1439 Link to the decision: https://lnkd.in/ekuD7rcX Photograph found in Schedule C of the decision.

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When thinking of archetypal unicorns in the technology sector, carbon capture is rarely top of mind. However, a December report by McKinsey & Co. stated that global investment in carbon capture technologies is predicted to reach between $100 billion and $400 billion by 2030, and in early April, a highly commercialized carbon capture collaboration between Exxon Mobil and FuelCell Energy was valued as a trillion-dollar opportunity. Click the link below to read more about IP considerations for carbon capture from Foley & Lardner LLP attorneys James De Vellis and Ashley Kennedy. #Energy #Renewables #CarbonCapture #IP

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This reported testing of a Lexis' Legal AI tool by Benjamin Perrin is stirring a much needed debate about how to get objective and transparent data on the accuracy of AI tools. Benjamin's testing - two phases in Aug/Sep and then Oct - revealed some basic errors, at least one of which repeated itself in retesting. He provided screenshots of prompts tested - I counted around 3-4 points of law checked. A useful but not comprehensive testing. The essence of Lexis's response by Jeff Pfeifer was that the tool has been through extensive testing and has had very positive feedback - clients know that it is an augmentation tool that needs human checking. The product is improving constantly. He also emphasised the technical development of the product - using an enhanced Retrieval Augmented Generation platform, which now includes AgenticRAG, as well as incorporating techniques including proprietary metadata, the use of knowledge graph and citation network technology, and taxonomy services.  This is a technical way of saying the quality of AI tools is as much down to curation and orchestration of data (in this case knowledge and information) as the AI itself. My brief views are: 1. We need better and more transparent testing (and resulting test data) of AI tools of any nature. Particularly, if we are to rely on AI tools without the need for human checking - for example someone asking a simple question of law to a chatbot. 2. Jeff is correct that data curation and orchestration is the main key to unlock the power of AI. Any views? #legalAI #legaltech #AI #contractmanagement #generalcounsel #legaloperations https://lnkd.in/epMnpmBH

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🎉 The Forum on Intellectual Property of Quebec (FORPIQ) is proud to announce that it has become an NGO accredited observer to the World Intellectual Property Organization – WIPO. Check out the list: https://lnkd.in/epRkmQ9p. This significant achievement solidifies FORPIQ's commitment to promoting intellectual property (IP) awareness in Canada and on a global scale, in both French and English. WIPO, a specialized agency of the United Nations, is the global forum for intellectual property services, policy, information, and cooperation. As an accredited observer, FORPIQ will have the opportunity to actively participate in WIPO's discussions, contributing the unique perspective of Canada’s IP community to the international stage. "This achievement could not have been realized without the support of the FORPIQ board, our partners and our counterparts at WIPO who believe in the work we perform. Thank you" said David Durand, President of FORPIQ. FORPIQ's new status as an accredited observer to WIPO will enable the organization to: 💡 Advocate for Canada’s IP interests on the global stage: Represent the concerns and priorities of Canada’s IP stakeholders in international discussions and negotiations. 💡 Collaborate with international partners: Engage in dialogue and cooperation with IP organizations and experts from around the world to foster innovation and economic growth. 💡 Stay informed about global IP developments: Monitor and analyze international IP trends and policies to ensure that Canada remains at the forefront of IP. FORPIQ is confident that its new role as an accredited observer to WIPO will strengthen its ability to promote IP awareness and practices to Canadians and Canadian #business. For more information regarding FORPIQ please consult our website: www.forpiq.com Organizing Committee: Martin Couillard Damien Calvet Alejandro Martinez-Ramos, CPSP James Duffy Philippe Boivin LL.B., ASC, C.Dir. (former, 2023) Dominique Lambert (former, 2023) Andy Manel Stephan Pinheiro Caroline Lefebvre (former, 2023) and Karine LaRocque WIPO: Daren Tang (Director General) Christopher Ruggerio Johanne Bélisle Partners: BDC BDC Capital (Canada) (Lally Rementilla, CPA, CMA) - Deloitte (Francois Huvelin) - Axelys - Gowling WLG - Bereskin & Parr LLP - Lavery - MVIP (Christopher Thierry) - INO - Quantino - ADRIQ - Bold New Edge - Digital (Jen Mielguj) - FICPI - International Federation of Intellectual Property Attorneys - Forum InCyber Europe (FIC) (Vincent Riou) - Intellectual Property Institute of Canada (IPIC) (Adam Kingsley) - GeniusXR - Innovation, Science and Economic Development Canada | Innovation, Sciences et Développement économique Canada and Licensing Executives Society International (LESI).

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Exciting news about FORPIQ

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Anthropic, the startup behind the Claude llm, has started funding the creation of benchmarks directly, with a particular emphasis on ai safety. “We are super-undersupplied on benchmarks for safety,” says Logan Graham, a researcher at Anthropic. “We are in a dark forest of not knowing what the models are capable of.” On July 1st the company began inviting proposals for new benchmarks, and tools for generating them, which it will co-fund, with a view to making them available to all. This might involve developing ways to assess a model’s ability to develop cyber-attack tools, say, or its willingness to provide advice on making chemical or biological weapons. These benchmarks can then be used to assess the safety of a model before public release. GPT, Claude, Llama? How to tell which AI model is best https://lnkd.in/eY-MFb_E from The Economist

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InfinityQ Technology Inc., a Montreal-based leader in quantum-inspired computing solutions, is proud to announce a collaboration with Siemens Energy’s Ventures team to demonstrate how quantum-inspired algorithms can be used to accelerate the green energy transition. This collaboration leverages InfinityQ's advanced optimization solutions to address exponential combinatorial optimization problems, contributing to Siemens Energy’s ongoing commitment to leverage cutting-edge technology to solve the energy problems of tomorrow. By applying InfinityQ's optimization tools, Siemens Energy Ventures aims to solve unique challenges in the energy business. InfinityQ has developed an environment that allows easy development and deployment of advanced algorithms tailored to specific use cases, demonstrating significant time and cost efficiency. This collaborative project showcases the potential of quantum-inspired technology in driving forward operational improvements. "Collaborating with InfinityQ allows us to adopt quantum-inspired optimization solutions, enhancing our capabilities and reinforcing our commitment to innovation. This enables us to solve new classes of optimization problems that are all around us in the energy business, and which will help us find new and innovative ways to accelerate the energy transition," said Nigel Gwilliam, Senior Key Expert Aerodynamics and Heat Transfer at Siemens Energy. Bryan Drossman, Turbine Cost Manager at Siemens Energy, added, "The optimization provided by InfinityQ allows us to better manage and predict complex processes with greater accuracy. This collaborative project marks an important step in commercializing quantum-inspired algorithms and reinforcing our position as an industry leader." This collaboration highlights InfinityQ’s expertise in optimization and its role in advancing industry standards. "We are excited to work with Siemens Energy Ventures on this initiative. It underscores the capabilities of our optimization solutions and their potential to deliver substantial business benefits. By automating and optimizing processes, we demonstrate how our solutions can address complex challenges and drive meaningful improvements," said Aurélie Hélouis, CEO of InfinityQ. The initial three-month project begins a promising long-term collaboration between InfinityQ and Siemens Energy Ventures. Both companies are enthusiastic about the potential for broader applications and deeper integration of InfinityQ's solutions into Siemens Energy's operations. #siemensenergy https://lnkd.in/esxUUYd6

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With all of the hype about AI, it’s sometimes easy to overlook the many reasons why it might not be the next best thing since sliced bread. This article gives 10 good reasons why AI is overrated. While I still think this technology is underrated, we’d all do well to temper our enthusiasm and keep these 10 points in mind. #ai #technology #artificialintelligence #chatpgt #openai https://n.pr/3WFMSST

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Are you interested in creating and sustaining an innovation economy in a globalized world? Get the latest updates on international intellectual property law and learn all about the law of innovation and technology transfer. Please join Current Issues and Trends in IIP, ILA Canada's Noon Hour Panel on International Intellectual Property Law, taking place Tuesday, November 19th 2024 from 12:00 Noon to 1:00 P.M. Eastern Time. Register here: https://lnkd.in/eUWm3y7P This webinar will delve into the role, possibilities, and current developments in international intellectual property law directly relevant to its position as an agent of innovation and development. Panelists will critically address these issues, with specific relevance to IP's role in promoting technological advances while at the same time safeguarding users’ rights, recent developments in Indigenous IP rights, and what the current state of play in the IP and development divide means for growth in developing countries. Panelists: Peter Yu, Texas A and M University Distinguished Professor, Director, Center for Law and Intellectual Property, Vice President, American Branch of International Law Association  Konstantia Koutouki, Vice Dean, Graduate Studies, Faculty of Law, l'Université de Montréal Marsha Simone Cadogan, Lawyer, MSC Intellectual Property & Technology Law Moderator: Oonagh E. Fitzgerald, President of ILA Canada, Senior Fellow, Human Rights Research & Education Centre, University of Ottawa Register here: https://lnkd.in/eUWm3y7P #internationallaw #intellectualproperty #innovation #technologytransfer

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Joyce Vance discusses how the years of lies impacted the election in https://lnkd.in/gi49e8G9 We have asked similar questions with our weekly Lawful Assembly podcasts on how can we see such different understandings of what is happening in the United States: https://lnkd.in/gsXvkM55

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AI companies are pushing Ottawa for exemption from copyright law. The creative community is not happy, and with reason. Be wary of how these companies justify their case. Here's an example from Microsoft: “It is not a copyright infringement to learn from copyright-protected works, and the use of AI to read and learn should not require compensation." Using words like "read" and "learn" to describe machine processes does not justify the theft of creative property by the humans who own the machines. If AI companies want artistic content to feed their machines and increase wealth asymmetry across the globe, they should have to pay heavily in ways that support artists. If AI can learn and read and be trained, maybe it can also pay -- as in pay the CBC and Canada Council for the Arts a huge cut of its profits.

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A fascinating potential change if adopted, one counselling for longer claim sets no matter the cost. It seems reflective of PCT practice and Canadian practice under the pre-November 2022 Canadian patent laws, both of which allow(ed) for filing unlimited claims without payment of additional claim fees depending on how you drafted the independent claims, thus negating the need for a terminal disclaimer all together. #patents #patent #intellectualproperty #PCT #USPatents #patentfamily #patentfamilies #ML #LA #AI #IP #strategy #innovation #competition https://lnkd.in/gqXGC_dQ

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No, Stan. No we can’t. In the 24 hours since i presented on the coming future of LLM / AI agents in law at the Ontario Bar Association TECHxpo yesterday, two significant examples hit the interwebs. One that i knew was coming courtesy of a preview from Scott Stevenson a few weeks ago to our OBA AI Office Hours zoom (register for future sessions at link in comments). And one that Leon Coe just told me about. Spellbook Associate is a multi-doc, multi-step agent framework that converts instructions into tasks and tasks into action with minimal lawyer instruction https://lnkd.in/e5jvJS7p The second comes courtesy of Farzad Sunavala , a senior product manager at Microsoft through a clear and fascinating blog post with step-by-step instructions on using Azure, LlamaIndex and Crew AI to build your own multifunction legal AI agent frameworks for doc analysis, research and other tasks. https://lnkd.in/ecXdz87c In my presentation yesterday, i positioned the concept of widespread adoption of legal AI agents being inevitable within a year and shared that my opinion was based on developments across domains today and the progress of supporting capabilities (Crew AI and others got a shout out) rapidly closing gaps. I knew i was being conservative in my prediction. But it seemed the appropriate tone for the audience. If i had these links to share yesterday, the audience might have been more receptive to a a shorter prediction window. 🤓

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Interesting read. #patentprosecution #USPTO #techlawyer

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