As reported yesterday, the government/CIPO has appealed the decision of Benjamin Moore v. AGC, 2022 FC 923 regarding the proper test to determine whether a patent application is directed to computer-implemented patentable subject matter. The Notice of Appeal (pdf) states in part, “The Judge erred by ordering the Commissioner to apply the New Test because it contradicts binding jurisprudence of the Federal Court of Appeal in [Amazon] and [Schlumberger].”
Tag Archives: Canadian Intellectual Property Office
CIPO
CIPO has opened a consultation on proposed fee increases until April 29th. “Based on current projections, CIPO is expected to run out of authority to spend by September 2024. … To address this structural deficit, CIPO is proposing to adjust most of its fees by 25%…”
Agents
AI
The Canadian Intellectual Property Office has registered a copyrighted work listing AI software as a co-author. The work, entitled “SURYAST” lists, “RAGHAV Artificial Intelligence Painting App” as a co-author.
Patents
The hearing of an appeal from the Patent Appeal Board on patentable subject matter in Benjamin Moore & Co. (Re), 2020 CACP 15 has been scheduled for March 30, 2022. IPIC is intervening.
Also, CIPO has announced it will be joining WIPO’s DAS (Digital Access Service) for patent priority documents as of February 1, 2022.
Patent Appeal Board
CIPO has announced it is continuing and expanding its procedure to refer final rejections of patent applications to a single member of the PAB in certain circumstances if the rejection only relates to patentable subject matter (with some exceptions), s27(4) and the Patent Rules. CIPO is working to “increase efficiencies and reduce turnaround times” at the PAB. The 2019-2020 Annual Report identified 71 appeals to the PAB and 41 decisions issued.
Fee Decrease
CIPO has reminded applicants that as of January 1st, many service fees have decreased by 0.2% due to fee adjustments under the Service Fees Act. As a result, the fees listed in Schedules to the Regulations may no longer be current so online resources should be consulted for the current fees. Continue reading Fee Decrease
CIPO
CIPO has announced a new patent national entry request online tool. According to the announcement, one the application is submitted and the fees paid, you will instantly receive a national entry date and Canadian patent application number. Continue reading CIPO
Designated Establishments
CIPO has announced that it is discontinuing the acceptance of correspondence at designated establishments at Innovation, Science and Economic Development Canada (ISED) regional mailrooms as of August 16th. These are currently available in Ottawa, Montréal, Toronto, Edmonton, and Vancouver. CIPO recommends electronic, in person or Canada Post as alternatives.
11 Million
Earlier today, the USPTO issued patent 11,000,000. Since the USPTO granted US10,000,000 about three years ago, the Canadian Patent Office issued about 64,000 patents.