When is There an “Actual Invention” Involving Computers?

Good news for patent applicants with computer-implemented inventions: Canada’s Patent Appeal Board (PAB) recently ruled that proposed claims in Yves Choueifaty’s patent application define patentable subject matter and should be allowed. Choueifaty’s patent application was the subject of a recent Federal Court decision, which held that the Canadian Intellectual Property Office (CIPO) had been using an incorrect test for patentable subject matter. Choueifaty’s application was remanded back to the PAB for further consideration, resulting in this new and favourable decision. The PAB decision should provide patent applicants with further clarity and guidance regarding patentable subject matter or, in other words, what can be patented.

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