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(A-2017-01612) - Page: 517 STRATEGY AND INNOVATION POLICY SECTOR PATENTS AND INNOVATION (December 13, 2017) QUESTION PERIOD ELEMENT 0 QUESTION: Is the government adequately supporting innovation medical research sector? Canada is strongly committed to innovation. Patents, and other forms of intellectual property, play a critical role in encouraging innovation in all fields of technology. The Canadian Intellectual Property Office (CIPO) examines patent applications. Patents are granted for inventions that meet the requirements of the Patent Act. By issuing Examination Practices, CIPO is committed to providing clarity and certainty within the marketplace as to what is patentable and how to apply the tests for evaluating patentability. Applicants denied patents have recourse to the courts for a review of any decisions. SUPPLEMENTARY MESSAGES Same as above. KEY QUOTE [THIS SECTION IS FOR CMB USE ONLY.] OUR ACTIONS I OUR RECORD TBD. BACKGROUND On November 24, 2011, a decision from the Federal Court of Appeal following a court case (Attorney General vs. Amazon.com Inc.) impacted how the Canadian Intellectual Property Office (CIPO) examines patent applications. Following the decision, CIPO published four practice notices (PNs) outlining how the decision would affect its approach when assessing patent applications. A Practice Notice on medical diagnostic method was published in 2015. The notice represented a shift in the way these applications are examined by CIPO; some applications featuring diagnostic methods that would have been patent-eligible in the past, may no longer be. MEDIA RELATIONS OFFICE 343-291-1777 PREPARATION AND APPROVALS Sector contact: Mark Schaan, Strategic Policy Sector, 343-291-3700 CMB contact: Randall Palmer, Manager, CMB-SAS-SPS, 613-219-6759 Sector approval: Lisa Setlakwe, ADM, SPS, 343-291-2294
