The Patent Appeal Board has issued its final decision on the redetermination following the Federal Court’s decision in Dusome v. Canada (Attorney General), 2025 FC 1809. The PAB concluded that the claims were not directed to patentable subject-matter. Continue reading Patentable Subject Matter
Tag Archives: Patentable Subject Matter
Patentable Subject Matter
In its decision released today in Pharmascience Inc. v. Janssen Inc., 2026 SCC 26, a majority of the Supreme Court of Canada upheld the lower court decisions finding that methods of medical treatment are unpatentable subject matter but the dosage regime at issue patentable. Continue reading Patentable Subject Matter
Patentable Subject Matter
The Supreme Court of Canada announced that it will deliver its decision in Pharmascience Inc. v. Janssen Inc. relating to the patentability of methods of medical treatment at 9:45 a.m. ET on Friday, July 17, 2026.
Patentable Subject Matter
CIPO has issued its preliminary determination on the Dusome remand following the Federal Court’s decision in Dusome v. Canada (Attorney General), 2025 FC 1809. My colleague Richard Mar has the following summary and context.
Patentable Subject Matter
CIPO has published a practice notice with new guidance on purposive construction and subject-matter for examining patents directed to computer-implemented inventions, medical diagnostic methods and medical use claims. Continue reading Patentable Subject Matter
Patentable Subject Matter
The webcast from the October 9th Supreme Court of Canada hearing in Pharmascience Inc. v. Janssen Inc. on patentability of methods of medical treatment is now available online.
Patentable Subject Matter
The Supreme Court of Canada is hearing arguments in Pharmascience Inc. v. Janssen Inc. tomorrow, October 9th on the patentability of methods of medical treatment. The Supreme Court indicates that hearing will not be broadcast live but copies of the factums for the parties and interveners are available.
Patentable Subject Matter
As reported yesterday, the government/CIPO has appealed the decision of Benjamin Moore v. AGC, 2022 FC 923 regarding the proper test to determine whether a patent application is directed to computer-implemented patentable subject matter. The Notice of Appeal (pdf) states in part, “The Judge erred by ordering the Commissioner to apply the New Test because it contradicts binding jurisprudence of the Federal Court of Appeal in [Amazon] and [Schlumberger].”
Patentable Subject Matter
CIPO has published practice guidance on patentable subject matter following the recent decision in Choueifaty as well as some examples for computer-implemented, medical diagnostic and medical use inventions. CIPO indicated that updates to MOPOP are coming later and will be subject to consultation.
Gene Patents
For those following Children’s Hospital of Eastern Ontario’s challenge to the validity of certain gene patents in the Federal Court (T-2249-14 – see earlier post), CHEO has announced a settlement: “the patent holder Transgenomic has agreed to provide CHEO and all other Canadian public sector hospitals and laboratories the right to test Canadians for Long QT syndrome on a not-for-profit basis”.