Computer Implemented Inventions Consultation Period Announced
On June 16, 2010, the Canadian Patent Office released a revised chapter 16 of their Manual of Patent Office Practice (the MOPOP) entitled "Computer implemented inventions" to the public for review and comments.
The MOPOP is a guide for patent examiner's, applicants and patent agents to the operational procedures and examination practices in the Canadian Patent Office. The MOPOP is not legally binding and instead is meant to act as a guide for applicants and patent agents when they are preparing and prosecuting patent applications before the Canadian Patent Office. The MOPOP does not have the same force and effect that a decision by the courts would have. Additionally, the changes that have been made by the Canadian Patent Office to this chapter are only proposed and have not yet been made a part of the MOPOP.
These proposed changes to chapter 16 are not really a surprise for us here in Canada. Last December, the Canadian Patent Office made changes to two other chapters in the MOPOP, one entitled "Utility and subject matter" and one entitled "Examination of Applications". Unlike the current proposed revisions, these revised chapters now form part of the MOPOP. In these revised chapters, the Canadian Patent Office suggests that the test for patentable subject matter should be whether a device or method is directed to a technological solution to a technological problem. Additionally, these chapters suggest that business methods in Canada are excluded from patentability in Canada. The proposed revisions to chapter 16 appear to be an attempt by the Canadian Patent Office to bring this chapter into accordance with changes that have been made previously to other sections of the MOPOP.
Posted by Scott Davidson, patent agent, barrister & solicitor, MacPherson Leslie & Tyerman LLP.
Thank you for this helpful information.