New Canadian Patent Guidelines on Computer Implemented Inventions

All patent offices are wrestling with setting rules as to when a “method” should be patentable.  A method that has a series of computer implemented steps has been considered to be good subject matter for invention.  On March 8, 2013, the Canadian Intellectual Property Office (CIPO) issued guidelines as to when a computer implemented invention is patentable.  The guidelines require the Examiner to differentiate between inventions relating to “computers” as opposed to solutions to problems that use computers but are not “computer problems”.  If the invention is intended to solve a problem that is not relating to the operation of a computer, the Examiner is to determine whether the use of the computer is essential or simply a convenience.  The computer is not essential if the same result could be obtained (albeit more slowly) with pen and paper calculations.