CIPO Updates Patent Examination Practice In Light of Recent Federal Court Decision

Author: Kay Palmer, Ph.D.

The Federal Court in Choueifaty v. Canada (Attorney General) (2020 FC 837) found that CIPO’s problem and solution framed “purposive construction” was inconsistent with the principles set forth by the Supreme Court of Canada. CIPO has now issued examination guidance in light of this decision. The updated guidance will be applied effective immediately to applications currently in prosecution as well as those presently before the Patent Appeal Board.

We believe that this is a positive development and recommend a reassessment of cases that were impacted by CIPO’s incorrect past position. For more background information, please see our previous article.

For more information please contact:

photo of Kay Palmer, Ph.D.

Kay Palmer, Ph.D.

Senior Patent Agent

T: 613-801-0452

E: kpalmer@mbm.com

This article is general information only and is not to be taken as legal or professional advice. This article does not create a solicitor-client relationship between you and MBM Intellectual Property Law LLP. If you would like more information about intellectual property, please feel free to reach out to MBM for a free consultation.

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