Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 10 JANUARY 2019

USPTO Revises Patentable Subject Matter Guidelines To Start 2019

Smart & Biggar
Explore more from Smart & Biggar

If yes, then examiners must evaluate whether the claim contains "significantly more" than the excluded concept.

CanadaIntellectual Property
Bereskin & Parr LLP
Bereskin & Parr LLP
Author LinkedIn connections

Wasting no time in 2019, the United States Patent and Trademark Office (USPTO) has announced revised guidelines for its examining corps, set to take effect January 7, 2019. The revised guidance changes the way in which patent examiners will determine whether the claims of a patent application are eligible to be patented. In particular, the revised guidance should result in fewer subject matter objections being issued and should reduce the cost of prosecuting US patents for computer-implemented inventions. However, patent applications for some business methods and other processes that can be implemented by humans without the use of a computer system will continue to face a steep uphill climb in the USPTO.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Trademark Owner Who Failed To File Evidence In Expungement Proceeding Has Registration Reinstated On Appeal

Trademark owners facing expungement for failing to file evidence of use in section 45 proceedings may have recourse through the Federal Court appeal process. The recent Lion Corporation case demonstrates how administrative errors by trademark agents can be remedied, allowing registrants to file additional evidence and potentially reinstate their registrations when the failure was beyond their control.
CanadaIntellectual Property
Oyen Wiggs Green & Mutala
Oyen Wiggs Green & Mutala
Article

Industrial Designs In Canada: Protecting Your Product’s Appearance

Foreign companies launching products in Canada often overlook industrial design registration, one of the most cost-effective forms of IP protection available. Copyright protection for product appearance is significantly restricted once a design is reproduced in quantities exceeding 50 copies, making industrial design registration the primary statutory protection for commercially manufactured products.
CanadaIntellectual Property
Miller Thomson
Miller Thomson
Article

Fast-Tracking Your Patent Application In Canada: CIPO Expands The Key Technology Expedited Program

For Canadian innovators, the patenting process can seem unreasonably slow. In an effort to address this, the Canadian Intellectual Property Office (CIPO) created various procedures to expedite the examination process in Canada. Knowing which fast track options exist, when they make sense, and how to use them effectively can provide a significant commercial advantage.
CanadaIntellectual Property
Cassels
Cassels
Article

Patenting Innovation In Data Centres: Protecting Configurations, Cooling Technologies, And The Green Advantage

The rapid expansion of data centre infrastructure has made these facilities a focal point for technological innovation and intellectual property investment. From server configurations to advanced cooling systems, the technologies deployed inside data centres represent significant R&D expenditure and competitive advantages. Patent protection offers operators and developers opportunities to safeguard innovations...
GlobalIntellectual Property
Gowling WLG
Gowling WLG
Article

Health Canada Updates Policies On Foreign Regulatory Actions, Summary Reporting, Compliance & Enforcement And Requests For New Data

Health Canada issued revised guidance on notifying Health Canada of foreign actions, effective October 1, 2026. The revised guidance clarifies the requirements to notify Health Canada of certain foreign regulatory actions specified in subsection C.01.050(2) of the Food and Drug Regulations in the specified foreign jurisdictions, which involve a serious risk of injury to human health and are relevant to the safety of the drug.
CanadaFood, Drugs, Healthcare, Life Sciences
Smart & Biggar
Smart & Biggar
Article

Health Canada Obtains Permanent Injunction To Prevent Illegal Sale Of Injectable Peptides By Canlab Research

Health Canada has secured a permanent injunction against Canlab Research, a Quebec-based online retailer, preventing the company from manufacturing, distributing, or selling unauthorized injectable peptides in Canada. This enforcement action follows years of regulatory warnings and provisional court orders aimed at stopping the illegal sale of peptide drugs promoted with unproven health claims for anti-aging, weight loss, and athletic performance.
CanadaFood, Drugs, Healthcare, Life Sciences
Smart & Biggar
Smart & Biggar
Article

A KTEP Ahead: Canada's New Mechanism For Advanced Examination Of Patent Applications

For a Canadian patent application to be examined, an applicant must file a request for examination with the Canadian Intellectual Property Office (CIPO). In most cases, the order in which applications are examined is based on the order that the requests for examination are received. An applicant may be able to accelerate examination of their patent application through several existing mechanisms, including advancing examination via special order, accelerating examination of applications related to green technology, and the Patent Prosecution Highway (PPH).
CanadaIntellectual Property
Smart & Biggar
Smart & Biggar