Track changes for MOPOP revised November 2017

List of changes to several sections in various chapters of the Manual of Patent Office Practice (MOPOP).

Consult the other revisions of the MOPOP.

Section 9.03 – last paragraph

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The fifth paragraph of previous section 9.04 has been added to the end of section 9.03

Section 9.04 – entire section

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The entire section has been deleted except for the fifth paragraph which has been moved to section 9.03

Section 9.04.01 – entire section

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Section 9.04.01a – entire section

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Section 9.04.01b – entire section

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Section 9.04.02 – entire section

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Section 9.04.04 – entire section

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Chapter 12 – entire chapter

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The entire chapter has been updated

Section 17.02.03a – entire section

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The entire section has been moved to section 17.03.01

Section 17.03 – entire section

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The section has been retitled "Medical methods and uses" and the text within the section has been deleted

Section 17.03.01 – entire section

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Previous section 17.02.03a has been moved into this section

Section 17.03.02 – entire section

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Section 17.03.03 – entire section

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The previous section has been replaced with a new section concerning kits and packages

Section 17.03.04 – entire section

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The previous section has been replaced with a new section concerning medical diagnostic methods

Section 17.07.05 – first two paragraphs

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An antibody invention must also be useful in order to satisfy section 2 of the Patent Act. The utility does not need to be expressly set out in the specification; however, if the invention's utility is questioned, utility must be demonstrated or soundly predicted as of the application's filing date. The threshold that must be proven to establish utility is generally quite low; a "mere scintilla" of utility will suffice. Importantly, where the specification sets out an explicit promise, utility will be measured against that promise.

The skilled person in the art would generally accept that if an antigen itself has a practical utility then antibodies that bind the antigen would have at least some utility (e.g., for in vitro applications such as immunohistochemistry, flow cytometry and Western blotting). Where the specification promises that an antibody is useful for an in vivo therapeutic application, the therapeutic utility would need to be either demonstrated or soundly predicted in order to satisfy section 2 of the Patent Act.

An antibody invention must also be useful in order to satisfy section 2 of the Patent Act. The utility does not need to be expressly set out in the specification; however, if the invention's utility is questioned, utility must be demonstrated or soundly predicted as of the application's filing date. The threshold that must be proven to establish utility is generally quite low; a "mere scintilla" of utility will suffice.

The skilled person in the art would generally accept that if an antigen itself has a practical utility then antibodies that bind the antigen would have at least some utility (e.g., for in vitro applications such as immunohistochemistry, flow cytometry and Western blotting). Where the subject-matter of the invention is directed to an antibody that is useful for an in vivo therapeutic application, the therapeutic utility would need to be either demonstrated or soundly predicted in order to satisfy section 2 of the Patent Act.

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