In 2022, the Federal Court of Canada adopted the novel three-part test proposed by the Intellectual Property Institute of Canada (IPIC), who intervened in the case, for assessing the subject-matter patentability of computer-implemented inventions.
On appeal, the Federal Court of Appeal rejected the test put forward by the lower court and did not put forward a new test or guidelines. In so doing, the Court of Appeal confirmed that the ruling in Amazon (2012) applies to computer-implemented inventions, such that patentable subject matter must be something with physical existence, or something that manifests a discernible effect or change. Leave to appeal before the Supreme Court of Canada was refused.
A Fasken team comprised of Julie Desrosiers, Michael Shortt and Eliane Ellbogen represented IPIC in this case.
Jurisdiction
- Canada
