CIPO has published practice guidance on patentable subject matter following the recent decision in Choueifaty as well as some examples for computer-implemented, medical diagnostic and medical use inventions. CIPO indicated that updates to MOPOP are coming later and will be subject to consultation.
Online undertakings
The government introduced Bill C-10, “An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts” directed to regulating online broadcast undertakings by the CRTC. From the press release, “We are proposing major changes to the Broadcasting Act in order to ensure online broadcasting services that operate in Canada contribute to the creation, production and distribution of Canadian stories.”
PMPRB
The Patented Medicine Prices Review Board has published updated guidelines (news release and introduction) scheduled to take effect January 1, 2021 when the (delayed – see earlier post) amended Regulations are to come into force.
Copyright Board
York/Access Copyright
The Supreme Court of Canada is expected to release its leave decision on Thursday in York University v. Access Copyright on copyright tariffs and fair dealing.
PTAB
In other Supreme Court news, earlier today, the United States Supreme Court granted cert in Arthrex considering the constitutionality of the appointment of USPTO’s PTAB judges and their subsequent decisions.
Patent Agent Exam
CIPO has published an updated schedule for the virtual patent agent examination process which was deferred from the spring.
MOPOP
CIPO has published a new version of MOPOP with clarifications in many of the chapters.
Publications/Presentations
A couple of articles of mine were recently published:
- Pre-Grant Compensation for Patent Infringement on Slaw.ca
- Canadian Patent Office’s approach to computer-implemented inventions rejected by Federal Court co-authored with Richard Mar
I will be a panelist next week at the virtual IPIC AGM with Malaika Tyson, speaking about File Wrapper Estoppel in Canada and the United States.
Federal Court
The Federal Court issued a COVID related Practice Notice today confirming that Practice Directions and Orders issued during the COVID-19 pandemic remain unaffected by the recently enacted Time Limits and Other Periods Act (COVID-19). See the Federal Court of Appeal’s decision last week in Re: Section 6 Of The Time Limits And Other Periods Act, 2020 FCA 137.