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The Manual of Patent Office Practice ( MOPOP) is a manual for patent agents and patent examiners, published by the Canadian Intellectual Property Office (CIPO). It documents the procedures and practices relative to the prosecution of patent applications under Canadian patent law for patent examiners, applicants, agents, and the public at large.
Canadian patent law is the legal system regulating the granting of patents for inventions within Canada, and the enforcement of these rights in Canada.. A 'patent' is a government grant that gives the inventor—as well as their heirs, executors, and assignees—the exclusive right within Canada to make, use, and/or sell the claimed invention during the term of the patent, subject to adjudication.
e. The Canadian Intellectual Property Office (CIPO; French: Office de la propriété intellectuelle du Canada, OPIC) is responsible for the administration and processing of the greater part of intellectual property (IP) in Canada. CIPO's areas of activity include patents, trademarks, copyright, industrial designs and integrated circuit ...
The Patent Act (French: Loi sur les brevets) is Canadian federal legislation and is one of the main pieces of Canadian legislation governing patent law in Canada.It sets out the criteria for patentability, what can and cannot be patented in Canada, the process for obtaining a Canadian patent, and provides for the enforcement of Canadian patent rights.
In Canadian patent law, only “inventions” are patentable. Under the Patent Act, only certain categories of things may be considered and defined as inventions. Therefore, if a patent discloses an item that fulfills the requirements of novelty, non-obviousness and utility, it may nonetheless be found invalid on the grounds that it does not fall within one of the statutory categories of ...
Substantive law. Computers, software, or related terms do not appear anywhere in the Patent Act. Therefore, as with any other invention, to be patentable a computer-using invention must meet the general requirements for patentability of any invention as found in the Act. "Invention" is defined in Section 2 of the Patent Act as:
Later, on March 8, 2012, the Canadian Patent Office announced changes in patent examination practice based on the ruling in the Amazon.com case. CIPO published new guidelines for determining whether an invention constitutes statutory subject matter based on a purposive construction of the claims. [21]
For a machine, the inventor must indicate the principle of the invention and the best mode of applying it. [4] [5] The sufficiency of the disclosure, with any valid amendments made to it, is judged at the patent's claim date. [5] The disclosure must be fair, honest, open and sufficient. [5] If a person skilled in the art can arrive at the same ...