Supreme Court of Canada eliminates Promise of Patent Doctrine

On June 30, 2017, in Case Law, Legislation, News, Patents, by Natalie Raffoul

In an exciting decision released today, the Supreme Court of Canada eliminates the Promise Doctrine in Canadian patent law, which was established by the Federal Courts of Canada some years ago. Under the Promise Doctrine, patents could be invalidated if they did not live up to all of the promises made in the patent, such as […]

Canada Ratifies the International Convention for the Protection of New Varieties of Plants

On July 9, 2015, in News, Patents, Plant Breeder, by Natalie Raffoul

Canada has ratified the International Convention for the Protection of New Varieties of Plants. The treaty will come into force on July 19, 2015. Canada previously amended the Plant Breeders’ Rights (PBR) Act via Bill C-18, which came into force in February 2015, to bring the legislation in line with the Convention. Under the PBR […]

Patenting Medical Diagnostic Methods in Canada

On July 6, 2015, in News, Patents, by Natalie Raffoul

CIPO has released new Guidelines for analyzing the patentability of Medical Diagnostic Method Claims. As with general Canadian practice, Medical Diagnostic Method Claims must be construed in accordance with the practice of purposive claim construction. Namely, the claims must solve the problem described by the inventors according to the  essential elements identified in the Description. […]

Update on Patenting Methods of Medical Treatment in Canada

On March 23, 2015, in Case Law, News, Patents, by Natalie Raffoul

By Leah Labib and Natalie Raffoul   Some good news regarding methods of medical treatment and dosage-related Claims in Canada.   While patent claims directed to methods of medical treatment remain unpatentable in Canada, claims to medical uses are generally permitted. With regard to the permissible types of use claims, the Canadian Intellectual Property Office […]

Do abstract ideas become patentable subject matter when implemented by a computer?

On June 25, 2014, in Case Law, News, Patents, by Natalie Raffoul

By J. Duffy, N. Raffoul, A. Brion On June 19, 2014, the Supreme Court of the United States decided the matter of Alice Corp. v. CLS Bank International. This case determined the validity of Alice’s patent claims, which pertained to a computer-implemented scheme for mitigating “settlement risk” by using a third-party intermediary. The Court essentially […]

FEDERAL COURT OF APPEAL RELEASES AMAZON.COM DECISION

On November 28, 2011, in News, Patents, by Natalie Raffoul

The Federal Court of Appeal (FCA) largely approved Justice Phelan’s reasons in the lower court.  “I agree that no Canadian jurisprudence determines conclusively that a business method cannot be patentable subject matter.”  However, the FCA critized Justice Phelan’s “practical embodiment or practical application” test. The FCA allowed Amazon.com’s appeal from the Commission and requires the Commissioner […]