Consultation on the new Manual of Patent Office Practice Chapter 17 section on pharmaceutical solid forms

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Current status: Closed

This consultation closed on August 17, 2018.

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Consultation comments received

Please note that the comments are presented in the order they were submitted, and in the language in which they were written.

The Canadian Intellectual Property Office (CIPO) is conducting a consultation from July 9th to August 17th, 2018 on a proposed new section of Chapter 17 of the Manual of Patent Office Practice (MOPOP).

We are seeking feedback on the proposed changes to Chapter 17 as it relates to pharmaceutical solid forms.


July 9th to August 17th, 2018 Updated


MOPOP Chapter 17 deals with the topics of biotechnology and medicinal inventions. The proposed update to Chapter 17 involves the addition of a new topic of pharmaceutical solid forms. This new section serves to provide additional certainty and consistency in the patent examination process as it pertains to pharmaceutical solid forms, such as: polymorphs, salts, hydrates, solvates, desolvates and co-crystals.

The MOPOP is a guide for patent examiners, applicants, agents and the public looking for information about the operational procedures and examination practices of the Patent Office under the current Patent Act and Patent Rules. This Manual is to be considered solely as a guide and should not be quoted as an authority. Authority must be found in the Patent Act, the Patent Rules and decisions of the Courts interpreting them.

Consultation document:

Chapter 17: Pharmaceutical solid forms


Any business, individual, group or organization that has an interest in the examination of patent applications in Canada.


CIPO values your views and would like to hear about how the proposed chapter aligns with the Patent Act, Patent Rules and current jurisprudence. Any feedback regarding the clarity of the information presented in the new section of the MOPOP would also be appreciated. Please share with us your comments and feedback by sending an email to: Please include "MOPOP Chapter 17 consultation" in the subject line.


Should you have any questions about this consultation, please send them by email to Jeremy McLean or by regular mail to the following address:

Canadian Intellectual Property Office
Patent Branch
50 Victoria Street
Place du Portage I
Gatineau, QC
K1A 0C9
Attention: Jeremy McLean