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Federal Court Overturns Patent Appeal Board on Test for Patent Eligibility of Computer Implemented Inventions in Choueifaty v. Canada

Sep 15 2020

For nine years, since the Federal Court of Appeal handed down its decision in Amazon.com Inc. v Canada (Commissioner of Patents), 2011 FCA 328, inventors have faced a difficult test for the patent eligibility of inventions involving computer technology and software. Amazon was interpreted by the Canadian Intellectual Property Office (CIPO) in a pair of practice notices in 2013 regarding the test for eligibility of software-based inventions and business methods, which were then codified further in the 2015 revision to the Manual of Patent Office Practice (MOPOP), which dictates the procedures to be followed by Canadian patent examiners. The result has been a pattern of rejections of software-based inventions by the Patent Appeal Board (PAB), with the Board citing Amazon along with a string of pre-Amazon cases to support its decisions.

Read the full article, written by author Matt Norwood at The Patent Lawyer Magazine website.

This article is for information purposes only and does not constitute legal or professional advice

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Tags: CIPO, Matthew Norwood, MOPOP, The Patent Lawyer Magazine