Posts Tagged: "CIPO"

Canadian Federal Court Sets a New Subject-Matter Eligibility Test for Computer-Implemented Inventions

Clearing the air on labyrinthine subject-matter eligibility standards for computer-implemented inventions (CIIs), a Canadian Federal Court last month revisited the issue in Benjamin Moore & Co. v. Attorney General of Canada, 2022 FC 923. In its decision, the court, while setting a new test, rejected, for the second time, a problem-solution approach to claim construction followed by the Canadian Intellectual Property Office (CIPO) in examining patent applications. The appeal was filed against decisions by the Canadian Commissioner of Patents finding two Canadian Patent Applicants numbered 2,695,130 and 2,695,146 as patent ineligible under sections 2 and 27(8) of the Canadian Patent Act. Intellectual Property Institute of Canada (“IPIC”), an IP policy advocacy organization, intervened in the appeal proceedings, affirming that the appeal raised a fundamental question of Canadian Patent Law.

UPDATED: Global IP Offices Respond to COVID-19

We live in interesting times. No corner of professional or personal life seems untouched in at least some way by the latest coronavirus (named SARS-CoV-2) and the disease it causes (named “coronavirus disease 2019” abbreviated COVID-19). Governments all around the world are either demanding or suggesting that people quarantine themselves or engage in social distancing. The intellectual property world is no different. The United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), the World Intellectual Property Organization (WIPO), the European Union Intellectual Property Office (EUIPO), IP Australia, the German Patent and Trade Mark Office (DPMA), and the UK Intellectual Property Office (UKIPO) are just some of the Offices that have in recent days issued COVID-19 guidance to inform stakeholders of how the Offices will handle workflow and meetings during this global health emergency.

Beware of Traps in the New Canadian Patent Rules

The Government of Canada is changing the current Patent Act and Patent Rules to modernize the Canadian patent regime. The current Patent Rules will be replaced with a new set of rules (the “New Rules”), which will come into force on October 30, 2019. While not all of the changes are “traps,” practitioners should be wary of traps that could affect their practice, and ensure deadlines are updated in preparation of the changes.

Canada Patent Law Changes Are Bad News for Patent Owners

The effects of changes made to Canada’s patent law at the end of 2018 won’t be fully clear for some time, but Canadian patent owners and those looking to expand patent strategies into Canada may want to take heed.

On December 13, 2018, the Governor General of Canada gave royal assent to pass Bill C-86, known as the Budget Implementation Act, into law. The legislation makes several changes to Canadian patent law relating to how patent and trademark infringement cases are litigated in Canadian courts and prescribes new licensing requirements for patent and trademark agents operating in Canada. The amendments to the Canadian Patent Act are laid out in Part 4, Division 7, Subdivision A of the budget law.