CIPO released a notice on September 17, 2012, that it is still reviewing comments received on its proposed guidance documents to patent Examiners relating to Inventive Concept, Statutory Subject Matter, and Diagnostic Methods and Medical Uses. The proposed guidance documents were released in the wake of the Federal Court of Appeal’s decision in Canada (Attorney General) v. Amazon.com Inc., 2011 FCA 328, reported here by Evangellos Vekris and Tomas Karger of sim. IP Practice.
According to CIPO, they are currently considering key points raised during the consultation and preparing potential practice options with the goal of delivering clear guidance to Examiners that promotes efficiency and consistency in examination across all divisions. Once approved by the Commissioner of Patents, a notice will be published and adopted by CIPO as expressing official practice.
CIPO has indicated that it will provide a further update in October.