What to expect from Canada's new examination guidelines for patentable subject matter – interview

The Canadian Intellectual Property Office (CIPO) recently released new guidelines on patentable subject matter and a set of examples applying these new guidelines.(1)

In the below video, Artemis Lai summarises the main changes introduced and examines how CIPO will deem computer-implemented inventions to be patentable under the new guidelines, in the form of three steps:

• Step 1: identify 'essential elements' of claim (1:00).
• Step 2: determine 'actual invention' of claim (4:10).
• Step 3: determine whether 'actual invention' of claim has physicality (7:34).

Artemis also offers advice to applicants of computer-implemented inventions to increase their chances of overcoming patentable subject matter objections in Canada.

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For further information on this topic please contact Y Artemis Lai at Smart & Biggar by telephone (+1 604 682 7780) or email (aylai@smartbiggar.ca). The Smart & Biggar website can be accessed at www.smartbiggar.ca.

Endnotes

(1) For further details please see "CIPO's new guideline changes".