Choueifaty Patent Application Found To Possess Patentable Subject-matter

As we previously reported, the Federal Court in Yves Choueifaty v Attorney General of Canada, 2020 FC 837 (Choueifaty) 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. 

On January 11, 2021, the Patent Appeal Board (the Panel) reconsidered the 393 Application and found that the Second Proposed Claims, which had been considered by the Court in Choueifaty, were patentable subject-matter that complied with section 2 of the Patent Act. The Commissioner agreed with the Panel's recommendation in Choueifaty (Re), 2021 CACP 3. This decision should provide insight to patent applicants regarding how the Commissioner will apply the Canadian Intellectual Property Office's (CIPO) recently released practice guidance applying the Court's Choueifaty decision.