In March 2026, responsive to multiple court decisions and consultations, CIPO published revised guidance on assessing patentable subject matter with a particular focus on inventions that are often considered to incorporate an "abstract theorem", such as computer-implemented inventions and diagnostic methods.
The new guidance leans into the "Schlumberger question" and seeks "something more" to make execution of an algorithm patentable. Is this consistent with jurisprudence? Can the Commissioner meet the Federal Court's expectations for claim construction? Will recent developments in other countries prove influential? And in the meantime, how can drafters and prosecutors cope?
