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ARTICLE · 11 MARCH 2026

Navigating Patentable Subject Matter Eligibility In Canada: Dusome Joins The Fold

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On November 12, 2025, the Federal Court (FC) released its decision in Dusome v Canada (Attorney General), the latest development in Canada's ongoing struggle to define patentable subject matter...

CanadaIntellectual Property
Kassandra Shortt
Kassandra Shortt
Katherine (Katie) Graham
Katherine (Katie) Graham
Terell Parredon Rhooms
Terell Parredon Rhooms
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On November 12, 2025, the Federal Court (FC) released its decision in Dusome v Canada (Attorney General),1 the latest development in Canada's ongoing struggle to define patentable subject matter under section 2 of the Patent Act (the Act). The FC remitted Canadian Patent Application No. 2,701,028 (the 028 Application) for expedited re-examination and held that the Commissioner of Patents (the Commissioner) committed four errors of law in refusing the 028 Application. The 028 Application claims a "Method for Playing a Card Game."

The decision attempts to reconcile previous FC and Federal Court of Appeal (FCA) case law on patentable subject matter, including: Amazon.com v Canada (Attorney General),2 Choueifaty v Canada (Attorney General),3 and Canada (Attorney General) v Benjamin Moore.4 The FC and FCA have repeatedly emphasized purposive construction while resisting categorical exclusions — only to see those principles unevenly applied by patent examiners in

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