Tag Archives: Patentable Subject Matter

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.

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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”.

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Third Round

On Friday, the United States Court of Appeals for the Federal Circuit held in Ultramercial, Inc. v. Hulu LLC that the claims to a method of distributing copyrighted media over the Internet were directed to unpatentable subject matter . The U.S. Supreme Court had previously remanded the proceeding back to the CAFC after Myriad and again after Alice when, in both previous cases, the court had found the claims patentable. Continue reading Third Round

Patentable Subject Matter (again)

The United States Supreme Court has decided to hear the appeal in Alice Corporation Pty. Ltd. v. CLS Bank International, et al. on the issue of whether computer-implemented inventions are patentable subject matter. This is an appeal from an en banc decision of the CAFC in which the panel of ten judges had written seven separate decisions with a majority holding the claims to be non-patentable.

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En banc Patentable subject matter

Earlier today, the U.S. Court of Appeals for the Federal Circuit released its en banc decision in CLS Bank International v. Alice Corporation on the patentability of computer related inventions. The panel of ten judges wrote seven sets of reasons but a majority affirmed the lower court decision that the asserted system, method and computer-readable media claims were not directed to eligible subject matter.

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