The Federal Court released a decision on August 21st, 2020, which drastically improves the chances of software patents, and medical diagnostic patents, in Canada.
The decision in Yves Choueifaty v Attorney General of Canada, 2020 FC 837, granted the appeal from the Commissioner of Patents’ (the Commissioner) decision that Canadian Patent Application No. 2,635,393 (the 393 Application) was not patentable subject-matter. The Court directed the Commissioner to consider the 393 Application afresh in accordance with the Court’s reasons.
Osler acted for the Appellant and have published this article with key takeaways from the case.
“The main issue in the appeal was whether the computer elements referred to in the claims were essential elements. The Court scrutinized and rejected the Commissioner’s “problem-solution” approach, re-emphasizing that patent claims must be interpreted in the same way for all purposes, including assessing subject-matter eligibility.”