The Canadian Intellectual Property Office (CIPO) has released a new practice notice providing guidance on CIPO’s approach to determining whether patent claims are directed to patentable subject matter. The practice notice is purported to take into account recent Federal Court decisions where the Court has overturned decisions of the Commissioner of Patents that rejected patent applications for being directed to non-patentable subject matter.
The practice notice has particular application to computer-implemented inventions, methods of medical diagnostics, and medical uses (e.g. dosing regimens).
It remains to be seen whether the approach CIPO will now apply according to this practice notice will affect the prospects of patent grant for these type of inventions.
The practice notice is available here. CIPO has also provided examples applying the analysis under the practice notice here.