CIPO has posted the comments it received relating to its proposed guidance on patentable subject matter. Most of the posted comments are critical of the proposals.
In April, the Canadian Intellectual Property Office had posted proposed practice notices on statutory subject matter, inventive concept and office practice with regards to diagnostic methods and invited comments from stakeholders.
Comments were received from the Intellectual Property Institute of Canada (IPIC), Fédération Internationale des Conseils en Propriété Intellectuelle (FICPI), Canadian Life and Health Insurance Association, two anonymous authors and a number of individuals. I am a member of IPIC’s Information Technology Committee which assisted with preparing IPIC’s submission to CIPO on this issue.
The Canadian Life and Health Insurance Association, which had intervened in the Amazon.com proceeding, wrote in its submission that it felt the draft practice notice was consistent with the Amazon.com decision. The other submissions were more critical of the proposed practice notices, especially as the notices related to inventive concept.