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Ahmed Elmallah

Intellectual Property Lawyer at Bennett Jones Edmonton

Counsel, Patent Agent, Trademark Agent

Edward (Ted) Yoo

Intellectual Property Lawyer and Canada/US Patent and Trademark Agent at Bennett Jones Edmonton

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

Vincent M. de Grandpré

Intellectual Property Litigation and Strategy Lawyer at Bennett Jones Toronto

Shelby Morrison

Commercial Litigation Lawyer at Bennett Jones Toronto

Associate

A recent Federal Court of Canada decision in Alexa Translations v. Amazon highlights an alternative approach to assessing trademark damages. Recognizing the challenges of proving lost sales and goodwill impairment, the Court accepted that a reasonable royalty based on a hypothetical negotiation may be an arguable remedy. This approach could provide trademark owners with a more practical and meaningful path to compensation.

Recent Federal Court Decision Highlights Alternative Path to Proving Trademark Damages

Christine A. Viney

Commercial Litigation Lawyer at Bennett Jones Calgary

Margaret (Meg) Bennett

Kaamil Khalfan

The Supreme Court of Canada&rsquo;s decision in Emond v Trillium Mutual Insurance Co clarifies how insurance policies are interpreted when endorsements enhancing coverage conflict with policy exclusions. The Court confirmed that a guaranteed rebuilding cost endorsement does not extend coverage to costs expressly excluded, highlighting potential gaps for homeowners and the importance of reviewing policies holistically.

Emond Rebuilding Dreams or Interpreting Realities The Supreme Court Weighs In

Emond: Rebuilding Dreams or Interpreting Realities? The Supreme Court Weighs In

William S. Osler KC

Capital Markets, Securities, M&A and Corporate Governance Lawyer at Bennett Jones Calgary

Mia Bacic

Corporate and Securities Lawyer at Bennett Jones Vancouver

Tinashe Muzah

Articling Student at Bennett Jones in Calgary 

Articling Student

The CSA has finalized amendments and ongoing initiatives to modernize continuous disclosure for investment funds, aimed at streamlining requirements, reducing regulatory burden, and improving investor clarity.

CSA Continues Work to Modernize Continuous Disclosure for Investment Funds

Sarah E. Gilbert

Regulatory, Environmental and Health and Safety Lawyer at Bennett Jones Toronto

Julia E. Schatz

Commercial Litigation, Agribusiness, Arbitration, Real Estate, Construction and Environmental Litigation at Bennett Jones Toronto

Partner 

Gatlin Smeijers

Environmental Lawyer at Bennett Jones Toronto

On December 31, 2025, the Federal Government published the Prohibition of Certain Toxic Substances Regulations, 2025 under the Canadian Environmental Protection Act, 1999. When they come into effect on June 30, 2026, the 2025 Regulations will repeal and replace the Prohibition of Certain Toxic Substances Regulations, 2012. The Federal Government published a proposed version of the 2025 Regulations in 2022 for public consultation.

Federal Government Publishes Prohibition of Certain Toxic Substances Regulations

Federal Government Publishes Prohibition of Certain Toxic Substances Regulations, 2025

Drew C. Broughton

Corporate Commercial and M&A Lawyer at Bennett Jones Calgary

Audrix Arce

Articling Student 

Recent changes to the Commissioner of Lobbying&rsquo;s interpretation of the federal Lobbying Act significantly lower the threshold for mandatory lobbyist registration. As of January 2026, organizations may be required to register if employees collectively spend as little as eight hours lobbying within a four-week period, including preparation and written communications. This update has important compliance implications for corporations and other organizations engaging with federal public office holders.

The Harold G. Fox Moot

Authors


Bennett Jones Speaking Engagement The Harold G. Fox Moot February 23, 2026 Authors Benjamin K. ReingoldPartner Melissa M. DimiltaPartner, Trademark Agent Benjamin Reingold and Melissa Dimilta served as judges at the 2026 Harold G. Fox Moot, which was held on February 20 & 21, 2026. The Moot is Canada’s leading intellectual property advocacy competition, intended to promote the furtherance of education in the intellectual property field and to provide participants with the opportunity to interact with jurists and experienced practitioners of intellectual property law. Benjamin is a past winner of the Harold G. Fox Moot from 2012, and Melissa served as a judge in 2025. Share by Email Social Media Download Download Subscribe Republishing Requests For permission to republish this or any other publication, contact Peter Zvanitajs at ZvanitajsP@bennettjones.com. For informational purposes only This publication provides an overview of legal trends and updates for informational purposes only. For personalized legal advice, please contact the authors. Authors Benjamin K. Reingold, Partner Toronto • 416.777.4662 • reingoldb@bennettjones.com Melissa M. Dimilta, Partner, Trademark Agent Toronto • 416.777.7448 • dimiltam@bennettjones.com