Computer Implemented Inventions Consultation Period Announced

Posted on July 2, 2010 by Josh MacFadden
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.
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Advanced Examination of Patent Applications Related to Green Technology

Posted on May 19, 2010 by Josh MacFadden

 The Canadian Patent Office has announced an initiative to enable expedited prosecution of patent applications related to green technology. Under this proposed initiative, the current Patent Rules would be amended to grant advanced examination for such applications, with no additional fee.

To be granted access to the expedited examination service, a patent applicant would be required to submit a declaration stating that their application relates to technology that could help resolve or mitigate environmental impacts or conserve the natural environment and resources, if commercialized. Within two months of receiving a request for expedited prosecution under the new Rules along with the declaration, the Patent Office is expected to produce a substantive office action within two months. The applicant's time to respond to this office action will subsequently be shortened from the standard 6-month period, to a 3-month period.

It is hoped that these amendments to the Rules will foster investment and expedite commercialization of technology that will support the development of a clean energy economy.

This proposal will be recommended for publication for a 30-day consultation period in the Canada Gazette, Part I in fall of '10. At this time, it will be open for submissions relating to the proposal.

More information on this new initiative can be found on the CIPO website.

 

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Patent Prosecution Highway Pilot Programs Announced

Posted on October 14, 2009 by Josh MacFadden

The Canadian Intellectual Property Office ("CIPO") has announced that it has entered into further Patent Prosecution Highway ("PPH") pilot initiatives with their counterparts in Japan, Denmark and Korea. 

Similar to the approach initiated between Canada and the United States in January, 2008, the PPH concept is intended to result in faster, more efficient patent examination by allowing patent offices to share work previously done by another country's patent office.  During the trial period Applicants may request expedited examination under the PPH program free of charge (i.e. the Patent Rules, Schedule II fees will continue to apply).

The PPH trial period with the Japan Patent Office, Danish Patent and Trademark Office and Korean Intellectual Property Office (which commenced October 1, 2009) extends to September 30, 2011 with possible extensions available.  (Incidentally, the PPH trial period with the United States has been extended to January 28, 2011)

Additional information regarding the PPH programs and the process to make a PPH request is available on the CIPO website.

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