Responding To Canadian Patent Office Objections: Dosing Regimens

This is part of a series of posts reviewing common Canadian Patent Office objections to patent applications and claimed inventions and providing some insight into how these objections may be addressed.

The Objection

In a typical objection, the patent examiner asserts that the claimed medical treatment with dosing elements is unpatentable subject matter falling outside the definition of "invention" in section 2 of the Patent Act. The examiner may state that:

• the "inventive concept" identified from the disclosure is a patent-ineligible dosing regimen;
• the applicant relies on a patent-ineligible dosing regimen to distinguish the claimed treatment from the prior art; and/or