CIPO has issued its preliminary determination on the Dusome remand following the Federal Court’s decision in Dusome v. Canada (Attorney General), 2025 FC 1809. My colleague Richard Mar has the following summary and context.
Tag Archives: Patentable Subject Matter
Patentable Subject Matter
CIPO has published a practice notice with new guidance on purposive construction and subject-matter for examining patents directed to computer-implemented inventions, medical diagnostic methods and medical use claims. Continue reading Patentable Subject Matter
Patentable Subject Matter
The webcast from the October 9th Supreme Court of Canada hearing in Pharmascience Inc. v. Janssen Inc. on patentability of methods of medical treatment is now available online.
Patentable Subject Matter
The Supreme Court of Canada is hearing arguments in Pharmascience Inc. v. Janssen Inc. tomorrow, October 9th on the patentability of methods of medical treatment. The Supreme Court indicates that hearing will not be broadcast live but copies of the factums for the parties and interveners are available.
Patentable Subject Matter
As reported yesterday, the government/CIPO has appealed the decision of Benjamin Moore v. AGC, 2022 FC 923 regarding the proper test to determine whether a patent application is directed to computer-implemented patentable subject matter. The Notice of Appeal (pdf) states in part, “The Judge erred by ordering the Commissioner to apply the New Test because it contradicts binding jurisprudence of the Federal Court of Appeal in [Amazon] and [Schlumberger].”
Patentable Subject Matter
CIPO has published practice guidance on patentable subject matter following the recent decision in Choueifaty as well as some examples for computer-implemented, medical diagnostic and medical use inventions. CIPO indicated that updates to MOPOP are coming later and will be subject to consultation.
Gene Patents
For those following Children’s Hospital of Eastern Ontario’s challenge to the validity of certain gene patents in the Federal Court (T-2249-14 – see earlier post), CHEO has announced a settlement: “the patent holder Transgenomic has agreed to provide CHEO and all other Canadian public sector hospitals and laboratories the right to test Canadians for Long QT syndrome on a not-for-profit basis”.
Australian Myriad
Australia’s highest court has issued its decision in D’Arcy v Myriad Genetics Inc, allowing the appeal and holding that claims directed to the BRCA1 gene be revoked on the basis that the substance of the claim “is information embodied in arrangements of nucleotides” and not a “manner of manufacture.” Continue reading Australian Myriad
Third Round
On Friday, the United States Court of Appeals for the Federal Circuit held in Ultramercial, Inc. v. Hulu LLC that the claims to a method of distributing copyrighted media over the Internet were directed to unpatentable subject matter . The U.S. Supreme Court had previously remanded the proceeding back to the CAFC after Myriad and again after Alice when, in both previous cases, the court had found the claims patentable. Continue reading Third Round
Gene Patents
As indicated below, Children’s Hospital of Eastern Ontario (CHEO) has started litigation against the University of Utah Research Foundation, Genzyme Genetics and Yale University. The litigation seeks a declaration of non-infringement and invalidity of certain patents relating to Long QT Syndrome genes, including on the basis of non-patentable subject matter. Continue reading Gene Patents