Paul Horbal

Canada's National Artificial Intelligence Strategy – AI for All – is built around keeping talent, capital and intellectual property at home. But the Strategy is silent on the patent system itself and the patentability of AI inventions. Read alongside CIPO's recent practice notice on patentable subject matter, that silence leaves a gap worth thinking about.

To address this, CIPO has replaced its 2020 Practice Notice and shifted part of the “what was actually invented” analysis into an earlier stage of claim interpretation. Purposive Construction In purposive construction, an attempt is made to determine the nature of the invention, which may require reference to the entire disclosure.

For technology companies, early patent filing is essential. -to-file patent system, which is the case in most major markets, early filing improves your ability to secure rights–especially in fast-moving fields where competitors may be developing similar technologies. DON’Ts: Common Pitfalls 1.