In an apparent conclusion to the patent at the heart of the Federal Court's decision in Yves Choueifaty v Attorney General of Canada, the commissioner of patents has allowed Canadian Patent Application 2635393. The commissioner's decision provides insight into how the Canadian Intellectual Property Office will approach patentable subject matter in future and apply the new guidelines on patentable subject matter released in response to Choueifaty.
The Canadian Intellectual Property Office (CIPO) recently released new guidelines on patentable subject matter and a set of examples applying these new guidelines. This video summarises the main changes introduced and examines how CIPO will deem computer-implemented inventions to be patentable under the new guidelines. It also offers advice to applicants of computer-implemented inventions to increase their chances of overcoming patentable subject matter objections in Canada.
The Canadian Intellectual Property Office (CIPO) recently released new guidelines on patentable subject matter and examples applying the new guidelines to computer-implemented inventions, medical diagnostic methods and medical uses. The recency of CIPO's new guidelines and examples necessarily means that there is uncertainty in how the new guidelines will be applied in practice and over time. This article explains the main changes.
In a significant decision, the Federal Court has rejected the Canadian Intellectual Property Office's (CIPO's) approach to examining computer-implemented inventions. This decision could significantly affect how CIPO assesses patent-eligible subject matter and have important implications for the patentability of diagnostic methods.
Canada's recent accession to the Patent Law Treaty marks the near completion of its long and ambitious journey to modernise its patent, trademark and industrial design laws and harmonise its IP laws with its most important trading partners worldwide. As a result of the recent and upcoming changes, Canadian businesses and right holders alike can expect a more consistent and level playing field for securing IP rights.
Recent amendments to the Canadian Patent Act and Trademarks Act recognise patent agent privilege and trademark agent privilege. Communications between agents and clients will be privileged in the same way as communications that are subject to solicitor-client privilege, and will not be compellable in civil, criminal or administrative proceedings unless the client expressly or implicitly waives the privilege.