MOPOP Amendments Address Patentable Subject-Matter

Chapters 12 (Utility and Subject-Matter) and 16 (Computer Implemented Inventions) of the Canadian Manual of Patent Office Practice (MOPOP) have recently been amended. Published in February 2005, the amendments are part of a process for updating the Canadian Intellectual Property Office's patent examination manual. Although lacking the legal authority of statute or case law, MOPOP is more than a guide for Office procedures; it serves as a de facto statement of the Canadian Intellectual Property Office's policy views. The changes in Chapters 12 and 16 were made in consultation with members of the Canadian IP bar. Jennifer Jannuska sits on the IT Committee of the Intellectual Property Institute of Canada, which was consulted on the amendments. Among other changes, the chapters now elaborate on how the Canadian Intellectual Property Office will consider patent claims directed to computer-implemented inventions, including software and business methods. In evaluating whether a claimed method invention relates to patentable subject-matter, examiners are being asked to consider whether the method "produces an essentially economic result" in relation to trade, commerce or industry. This is a new formulation of the patentable subject-matter test, so it will remain to be seen how it is applied by the Office in specific cases. MOPOP is available (in its entirety or chapter-by-chapter) at: http://strategis.ic.gc.ca/sc_mrksv/cipo/patents/mopop/mopop-e.html For further information on patenting business methods and other non-traditional subject-matter in Canada, please contact Jennifer Jannuska. Summary by: Jennifer Jannuska