The Canadian Patent Office recently released a new guidance
document on "Examination Practice Respecting Medical
Uses". The guidance document, PN 2013-04, is directed to
examiners, and relates to the consideration of claims directed to
methods of medical use and, in particular, the patentability of
claims containing a dosage regimen or dosage range.
While guidance documents are not binding on the courts, they may
be used as evidence in proceedings. They are also highly indicative
of the positions that patent applicants can expect from the
Canadian Patent Office.
The new guidance document reflects decisions of the courts on
medical use claims, and purports to build on the more general
guidance in section 17.02.03 of the Manual of Patent Office
Practice and also an earlier guidance document (PN 2013-02).
PN 2013-04 reiterates that:
