Computer-implemented Inventions In Canada From A UK/EP Perspective

It can be difficult to obtain patent protection for computer-implemented inventions, and different approaches are required in different jurisdictions to respond to objections raised by the relevant patent office or examiner.

Some jurisdictions have traditionally been more 'difficult' than others. Until recently, Canada was considered by some UK/EP-qualified patent attorneys to be a relatively 'easy' jurisdiction, because a Canadian Intellectual Property Office (CIPO) examiner's non-patentable subject matter objection could often be addressed by bringing the claims into line with corresponding granted US or sometimes European claims, or by using European-style arguments. However, CIPO's approach changed in view of official guidance issued in 2020, and the strategies that previously led quickly to grant no longer seem to be as effective. A tailored approach is now required to address non-patentable subject matter objections in Canada.