The Cross-Border Biotech Blog

Biotechnology, Health and Business in Canada, the United States and Worldwide

Category Archives: Canadian Patent Law

Mixed Reaction to U.S. Patent Reform

Guest post by Andrew Franklin, a colleague in the Pharmaceuticals and Life Sciences practice at Norton Rose.

With the passage of the America Invents Act of 2011, the United States’ patent system will change from a “first-to-invent” system to a “first-to-file” system for granting patents. Under the new system, patents will be granted to the first person to submit an application to the U.S. Patent and Trademark Office (“USPTO”) as opposed to the first person who first  invented the subject matter of the invention. This is the most significant change to US patent law since 1952.

While this legal reform aligns the US patent law with the rest of the world, it has been met with mixed reaction. Read more of this post

New MOPOP Chapter 17 re Biotechnology

From Inaugural Guest Blogger Brian Gray, setting a high bar:

On January 14 CIPO issued the revised version of chapter 17 of its Manual of Patent Operating Procedures (MOPOP) re biotechnology (pdf). Obviously a lot of work has gone into this. Interestingly enough, while the previous chapter 17 (pdf) dealt mainly with the formalities of filing sequence listings and other technical issues relating to biotechnology, this chapter attacks the more meaty issues of subject matter, utility, sufficiency and novelty as they relate to biotechnology, matters that had previously been and still are covered by chapter 12, a chapter that is still waiting for revision and is probably hung up on policy issues relating to business method patents and other abstract methods and elsewhere in MOPOP.

Read more of this post

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