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ARTICLE · 02 SEPTEMBER 2020

What The Choueifaty Decision Means For Software Patents In Canada

Aird & Berlis LLP
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On August 21, 2020, in Choueifaty v. Canada (Attorney General), 2020 FC 837, the Federal Court held that the Canadian Intellectual Property Office (CIPO) erred in determining the essential..

CanadaIntellectual Property
Tony Sabeta
Tony Sabeta
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On August 21, 2020, in Choueifaty v. Canada (Attorney General), 2020 FC 837,1 the Federal Court held that the Canadian Intellectual Property Office (CIPO) erred in determining the essential elements of the claimed invention by using the "problem-solution" approach.

The application in question, Canadian Application No. 2635393, entitled "Method and Systems for Providing an Anti-Benchmark Portfolio" relates to selecting and managing a portfolio of securities with maximum diversification. The inventor and owner of the application is Yves Choueifaty,2 President and Chief Investment Officer of TOBAM Investment Management, a Paris-based company with $6.7 billion (USD) in assets under management.

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