Tag Archives: Patentable Subject Matter

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.

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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”.

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