CIPO Won't Search Methods of Medical Treatment in PCT Applications

Since July 26, 2004, the Canadian Intellectual Property Office has been able to search and examine PCT applications filed on behalf of Canadian applicants. CIPO has recently released a practice notice to applicants clarifying its treatment of international applications claiming methods of medical treatment. Under the practice notice, CIPO indicates that it will not search:

• methods of medical treatment of living humans and non-humans intended to improve the function or health of a body part;
• invasive surgical methods; and
• method of use claims and use claims including manipulative steps.

This is generally consistent with CIPO's treatment of such claims in domestic Canadian patent applications. CIPO will search:

• diagnostic methods;
• cosmetic methods; and
• methods of treatment of animals to derive an economic benefit.

No guidance is provided in this particular policy notice on other questions of patentable subject matter. Presumably, treatment of international applications claiming business methods, computer programs, mental steps, algorithms, and methods of playing games will be consistent with Canadian practice (which generally rejects such claims). As of June 2005, CIPO had received approximately 1600 international applications for processing. A copy of the Practice Notice is available at: http://strategis.gc.ca/sc_mrksv/cipo/patents/notice_aug05-e.html A presentation made by CIPO representatives to the FICPI-ABC meeting in June 2005 is available at: http://strategis.gc.ca/sc_mrksv/cipo/events/ficpi_june05-e.pdf (The presentation contains statistics on CIPO's processing in all areas.) Summary by: Jennifer Jannuska