Consultation on revised Manual of Patent Office Practice Chapter 12: Subject-matter and Utility

CIPO is conducting a six-week consultation on a proposed revision to Chapter 12 of the Manual of Patent Office Practice (MOPOP).

From now to August 4th, 2017, the Canadian Intellectual Property Office (CIPO) will be conducting a consultation on proposed changes to the Manual of Patent Office Practice (MOPOP). We are seeking feedback on proposed changes to chapter 12 Subject-matter and Utility.

Update (July 4, 2017)

On June 30, 2017, the Supreme Court of Canada published the AstraZeneca v. Apotex decision [2017 SCC 36] that discusses the Promise Doctrine. CIPO will consider the decision and modify Chapter 12 accordingly, particularly as it pertains to section 12.04.02 Promised utility of the invention. We welcome your comments on the proposed revisions and on the impact of the Supreme Court decision on the Utility section of the chapter.

When

June 27th to August 4th, 2017

What

MOPOP Chapter 12 deals with the topics of statutory subject-matter and utility. The proposed update to Chapter 12 will lead to additional certainty and consistency in the patent examination process. Proposed changes to Chapter 12 will provide guidance related to recent jurisprudence and will structure the chapter to allow for the quick implementation of any future jurisprudence. As the amendments to the chapter are extensive and this consultation is taking place during the summer, we're offering a six week period in which to submit comments.

The MOPOP is a guide for patent examiners, applicants, agents and the public looking for information about the operational procedures and examination practices of the Patent Office under the current Patent Act and Patent Rules. This Manual is to be considered solely as a guide and should not be quoted as an authority.  Authority must be found in the Patent Act, the Patent Rules and decisions of the Courts interpreting them.

Consultation document

Chapter 12: Subject-matter and Utility

Who

Any business, individual, group or organization that has an interest in the examination of patent applications in Canada

How

CIPO values your views and would like to hear about how the proposed chapters align with the Patent Act, Patent Rules and current jurisprudence.  Please share with us your comments and feedback by sending an email to: josee.pharand@canada.ca. Please include “MOPOP chapter 12 consultation” in the subject line.

Questions?

Should you have any questions about this consultation, please send them by email to Josée Pharand or by regular mail to the following address:

Canadian Intellectual Property Office
Patent Branch
50 Victoria Street
Place du Portage I
Gatineau, QC
K1A 0C9
Attention: Josée Pharand

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