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CIPO Issues Examiner Guideline for Computer-Implemented Inventions (PN 2013-03)

March 14, 2013

After some prior iterations and commentary from the patent bar, the Canadian Intellectual Property Office (CIPO) published a practice note dealing with computer-implemented inventions on March 8, 2013. The practice note is meant to clarify the position of Examiners in light of the recent Amazon.com decision. In a nutshell, CIPO comments on patent-eligible subject-matter in computer-related inventions, going through clearly non-statutory matter (such as specifically excluded fine arts, methods of medical treatment, scientific principles and abstract theorems). Additionally, it comments that inventions which lack physicality (not something with physical existence or which manifests a discernible effect or change) or where the subject-matter is a mere idea, scheme, plan or set of rules are also excluded from the definition of invention. Published on the Bennett Jones Thought Network.

Please note that this publication presents an overview of notable legal trends and related updates. It is intended for informational purposes and not as a replacement for detailed legal advice. If you need guidance tailored to your specific circumstances, please contact one of the authors to explore how we can help you navigate your legal needs.

For permission to republish this or any other publication, contact Amrita Kochhar at kochhara@bennettjones.com.

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