In August of 2007, by way of a Practice Notice and with little or no consultation with the public or the intellectual property community, the Canadian Patent Office formally expressed its position that computer programs existing in a transitory state (i.e., signal claims) are forms of energy that do not contain matter and therefore do not constitute patentable subject matter under section 2 of the Patent Act. What little commentary there has been regarding this decision appears to have been focused on whether or not the Patent Office is correct in its assertion that signal claims
Health Canada recently released a draft guidance document, for public comment only, in respect of a proposed regulatory approval process for Subsequent Entry Biologics (SEBs).1 This guidance document is the first step in the development of a comprehensive regulatory system to address SEBs that will, in all likelihood, also include regulatory amendments.
Since its release, the guidance document has been the subject of considerable public commentary. Key elements are briefly described below:
The USPTO continues to expand its infrastructure of Prosecution Highways with foreign countries allowing shorter pending and more efficiency in examination and other prosecution procedures when patent applications are filed and granted in countries that are linked by the Prosecution Highway. Up to current day the USPTO has signed Prosecution Highway agreements with the UK, Japan and the newly joined Canada and Korea.
Currently, the Israeli Patent Office does not have a Prosecution Highway agreement with the US but Chapter 17c of the Israeli Patent Law allows automatic acceptance of patent applications that are accepted and granted in predefined countries – one of which is the US.
Canadian Intellecutal Property Office (CIPO) announced on Monday, January 14, 2008, that CIPO will launch a one-year Canada-US Patent Prosecution Highway (PPH) joint pilot program on January 28, 2008, that will fast-track patent examination at CIPO and will applicants in both countries to obtain corresponding patents faster and more efficiently.
Please note that, during the
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