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CIPO Issues New Examination Guidance on Subject-Matter Eligibility

The Canadian Intellectual Property Office (“CIPO”) has issued new Examination Guidance on the topic of Subject-Matter Eligibility. This update comes in response to the recent Federal Court decision of Yves Choueifaty v. Attorney General of Canada, 2020 FC 837 where the Court set out a long-overdue criticism of the previous Examination Guidelines of the CIPO on subject-matter eligibility. The new Examination Guidance is of particular relevance for computer-implemented inventions, medical diagnostic methods, and medical uses. Notably, the new Examination Guidance no longer relies on the “problem and solution” approach that had been previously discredited by the Supreme Court of Canada. As such, the new Examination Guidance supersedes portions of CIPO’s Manual of Patent Office Practice.

A full copy of the New Examination Guidance is available here.

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