Canadian Patent Office News: Consultation Begins on Proposed Changes to MOPOP’s Subject-Matter and Utility Chapter, and Patent Examination Interview Service Launched

MOPOP Chapter 12 Consultation

The Canadian Intellectual Property Office (CIPO) has announced a consultation on a revision to Chapter 12: Subject-matter and Utility of the Manual of Patent Office Practice (MOPOP). The consultation takes place between June 27^th to August 4^th, 2017. Submissions can be made to CIPO by sending an email to: josee.pharand@canada.ca. CIPO’s consultation is particularly salient in light of the recent Supreme Court of Canada decision in AstraZeneca Canada Inc v Apotex Inc (2017 SCC 36) that rejects the Promise Doctrine as the correct method of determining patent validity.

CIPO’s Announcement for the consultation can be found here and its proposed Chapter 12 can be found here.

 

Launch of Patent Examination Interview Service

On June 1, 2017, CIPO launched a Patent Examination Interview Service, encouraging its patent examiners to contact patent agents or unrepresented applicants by phone in situations where advancing prosecution is likely, such as when there are only a few minor defects remaining in an application. This Service aims to advance patent prosecution leading to allowance, reduce costs for applicants, minimize pendency and risk of impasse, and improve communication between examiners and agents or applicants.

CIPO’s Announcement of the Service can be found here and details of the Service can be found here.

Summary by: Robert Dewald