The Canadian Patent Office has issued another practice notice for practitioners in the pharmaceutical patent field!
It is actually quite a good read, patiently walking the reader through the logic of “Data Acquisition” and “Data Analysis” type claims. Examples are provided, which help me feel the concepts in my pilates-hardened inner core.
Where a physical step is an essential element, the claimed subject-matter should satisfy the fickle Section 2 of the Canadian Patent Act. There is more of a challenge with data analysis, as one needs to ensure that the claims incorporate physical steps and not mere mental processes.