Gurbir Sidhu Image

Gurbir Sidhu

Intellectual Property Specialist

Own Innovation

Gurbir Sidhu is an Intellectual Property Specialist based in Canada, currently working at Own Innovation, an IP services firm. Previously, he offered services as a patent agent and lawyer in India. His work includes patent drafting and prosecution, building smart IP portfolios and robust IP strategies for innovation-led companies. He is also a computer science engineer and worked as a software developer before transitioning into law.

 

Recent Articles by Gurbir Sidhu

Blow to Computer-Implemented Inventions: Canadian Court of Appeal Strikes Down the Subject-Matter Eligibility Test

The Canadian Federal Court of Appeal (FCA), in Attorney General of Canada v. Benjamin Moore & Co. [2023 FCA 168], a 3-0 decision, recently set aside the test on subject matter eligibility of computer-implemented inventions laid down by the Federal Court [2022 FC 923] last year. Acclaimed by patent professionals as a “favorable decision for Canadian applicants who have computer-implemented inventions,” the test had, for the first time, presented a declaratory relief and guidance for examining subject-matter eligibility, particularly for computer-implemented inventions. While the setting aside of the test relays subject matter assessments back to the procedure set by the Commissioner of Patents (Canada), the FCA clarified some key areas associated with the claim construction and patentability analysis.

Patent Changes on the Horizon in Canada with Introduction of Patent Term Adjustment

Continuing with the recent key transformations made to the Canadian patent application examination and procedure, Bill C-47, which includes a patent term adjustment regime, was passed by the parliament and received royal assent. Marking an inaugural introduction of patent term adjustment in Canada, the new terms are set to come into force by January 1, 2025. The policy change is in response to Canada’s commitments under Article 20.44 of the Canada-United-States-Mexico Agreement (CUSMA), the multilateral free trade agreement effective since 2020. Article 20.44 requires signatories to “process patent applications in an efficient and timely manner… to avoid unreasonable or unnecessary delays” and “provide the means to… adjust the term of the patent to compensate for those delays.”