What is eligible to be patented in the US? This week the U.S.
Patent and Trademark Office (USPTO) released Interim Eligibility
Guidance on patent subject matter
eligibility. In this document, the USPTO summarizes the
instructions for examiners on the following categories which are
exceptions to patent eligibility:
natural phenomena, and
product of nature.
This guidance is intended to synthesize the latest Supreme Court
decisions in Association for Molecular Pathology v. Myriad
Genetics, Inc., 133 S. Ct. 2107 (2013), Mayo Collaborative
Services v. Prometheus Laboratories, Inc., 132 S. Ct. 1289
(2012) and Alice Corporation Pty. Ltd. v. CLS Bank
International, 134 S. Ct. 2347 (2014). According to the
document, it supercedes prior instructions issued by the USPTO
on this topic and "offers a comprehensive view of subject
matter eligibility in line with Alice Corp, Myriad, Mayo, and the
related body of case law, and is responsive to the public comments
received pertaining to the March 2014 Procedure and the June 2014
This Interim Eligibility Guidance is effective on December 16,
2014, and applies to all applications filed before, on or after
December 16, 2014. The USPTO is seeking public comment on this
Interim Eligibility Guidance - comments must be received by
March 16, 2015.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The Canadian Intellectual Property Office has issued a report entitled IP Canada Report 2016, discussing trends in IP use domestically, and by Canadians abroad, based on analysis of CIPO's internal data and those collected by the World Intellectual Property Organization.
The value of reliance on a trade-mark registration, as opposed to prior use, stands out sharply in the recent Federal Court of Appeal case of Pizzaiolo Restaurants Inc. v. Les Restaurants La Pizzaiolle Inc. ( 2016 FCA 256 October 28, 2016).
This is an appeal from the Federal Court's decision setting aside the Registrar of Trade-marks decision to the extent that it dismissed the applicant's opposition regarding the mark PIZZAIOLO and Design.
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