APRIL 2007
How to protect software inventions
The patentability of software and business method inventions continues to be debated in many jurisdictions. Sam Frost and Ebad Rahman explain that, in the past two years, Canada has implemented new guidelines that attempt to provide more uniform, consistent and predictable examination
The Canadian Intellectual Property Office (CIPO) amended two key chapters in its Manual of Patent Office Practice (MOPOP) in 2005, Chapter 12 (Utility and Subject Matter) and Chapter 16 (Computer-Implemented Inventions). The MOPOP establishes guidelines for examiners and applicants on the preparation and examination of patent applications. The amended chapters deal with subject matter requirements for patent applications and also specifically provide guidelines for claiming computer-implemented inventions. The MOPOP amendments are not legally binding, but they serve as practical guidelines to follow when determining how to prepare patent applications for computer-implemented inventions in Canada.
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