Canadian Patent Practice – Medical Diagnostic Claiming

The Canadian Patent Office has issued another practice notice for practitioners in the pharmaceutical patent field!

Click Here for the Link to the Notice

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.

Arg!  Why do my experiments NEVER WORK????

Arg! Why do my experiments NEVER WORK????