CLS Bank v. Alice Corp. (Fed. Cir. 2013) (en banc)

May 10, 2013 - US Fed. Circ. Decision - Abstract idea - Patentability of software or business methods - Definition of invention

An abstract idea, whether or not claimed as a method, a software product or a computer system, nevertheless remains a disembodied concept that does not meet the definition of a patentable invention. Summary on Patently-O blog. gets its "1-click" Canadian patent

January 17, 2012 - After many years of fight that went up to the Federal Court of Appeal of Canada, finally gets a patent for its one-click purchase system and method, having thus rebutted the obviousness and subject-matter rejections initially issued by the CIPO.

New examination guidelines at CIPO

August 1, 2011 - The Commissioner of Patents in Canada has provided revised examination guidelines directed to the examiners in view of the Federal Court's decision in Inc. v. Commissioner of Patents 2010 FC 1011 (the decision is currently on appeal). These guidelines are intended to clarify the examination process of patent applications, in particular for computer related inventions (software and business methods).

In short, the patentability must be assessed according to what is claimed (subject matter or language of a claim) and what has actually been invented (actual invention or inventive concept according to the subject matter of a claim, in respect with the practical solution to a technical problem disclosed in the application). The applicable meaning of the term "technical" is explained in the guidelines.

Changes to patent Rules

October 1, 2010 - Coming into force of the Rules Amending the Patent Rules, bringing clarifications, corrections and consolidations to certain rules, and especially simplifying the statement regarding the Applicant in the Petition for grant of a patent (form 3 of Annex I).

Octobre 14, 2010 - Decision of the Federal Court in the case of, inc. v. The Attorney General of Canada, and The Commissioner of Patents 2010 FC 1011. The Court finds that there is no exclusion for "business methods" which are otherwise patentable, nor is there a "technological" test in Canadian jurisprudence.

New CIPO guidelines

November 2, 2009 - The CIPO has published a Practice Notice to be relied on by examiners when considering whether or not a claimed invention is obvious. The CIPO has used the ruling of Apotex Inc. v. Sanofi-Synthelabo Canada Inc., 2008 CSC 61 of the Canadian supreme Court to express its practice.

December 4, 2009 - The CIPO has published revisions to chapters 12 (Subject-matter and utility) and 13 (Examination of applications) of the MOPOP.

These revised chapters provide, along with the Practice Notice on obviousness, highly instructive materials on the potentially applicable criteria to ascertain the patentability of an invention.

Changes to IP Regulations

May 16, 2007 - Amendments to the Patent Rules, the Trade-marks Regulations (1996), the Industrial Design Regulations, the Integrated Circuit Topography Regulations, and the Copyright Regulations were published in the Canada Gazette, Part II.

The amended patent regulations will come into force on June 2, 2007. These amendments to the Patent Rules relate to: a) the small entity regime; b) the harmonization of the Canadian standard for describing sequence listing with the PCT standard; c) the type of evidence required when the applicant is not the inventor; d) the refund policy; e) the clarification of certain practices for PCT national entry; and f) a series of minor amendments.