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