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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.

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  • Michael R. Whitt QC Michael R. Whitt QC, Partner, Patent Agent, Trademark Agent

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