Canadian Federal Court Sets a New Subject-Matter Eligibility Test for Computer-Implemented Inventions
Clearing the air on labyrinthine subject-matter eligibility standards for computer-implemented inventions (CIIs), a Canadian Federal Court last month revisited the issue in Benjamin Moore & Co. v. Attorney General of Canada, 2022 FC 923. In its decision, the court, while setting a new test, rejected, for the second time, a problem-solution approach to claim construction followed by the Canadian Intellectual Property Office (CIPO) in examining patent applications. The appeal was filed against decisions by the Canadian Commissioner of Patents finding two Canadian Patent Applicants numbered 2,695,130 and 2,695,146 as patent ineligible under sections 2 and 27(8) of the Canadian Patent Act. Intellectual Property Institute of Canada (“IPIC”), an IP policy advocacy organization, intervened in the appeal proceedings, affirming that the appeal raised a fundamental question of Canadian Patent Law.