Canada’s business method battle
01 July 2010
Managing Intellectual Property
Scott Davidson contrasts approaches to patent subject matter eligibility and business method patents in Canada and the US, highlighting some key Canadian developments
While the Supreme Court was getting ready to release its decision on the Bilski case dealing with business method patents on June 28, the Canadian Intellectual Property Office (CIPO) released a proposed section of their guide to patents that deals with the treatment of computer implemented inventions in Canada. With the release of the Bilski decision by the US Supreme Court and the release of this new section of the guide by CIPO, it appears that in some cases the same patent application might receive very different treatment under Canadian and US law.
New guidance proposed
On June 16, CIPO released a revised chapter 16 of the Manual of Patent Office Practice (MOPOP) entitled "Computer implemented inventions" to the public for review and comments. The MOPOP is a guide for patent examiners, applicants and patent agents to the operational procedures and examination practices in the Office. The MOPOP is not...
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