Canadian Federal Court Sets a New Subject-Matter Eligibility Test for Computer-Implemented Inventions

Canadian Federal Court Sets a New Subject-Matter Eligibility Test for Computer-Implemented Inventions

“The new test is expected to bring clarity to subject-matter determination of computer-implemented inventions in Canada.” Clearing the air on labyrinthine subject-matter eligibility standards for computer-implemented inventions (CIIs), a Canadian Federal Court last month revisited the issue in Benjamin Moore & Co. v. Attorney General of Canada, 2022 FC 923. In its decision, the court,…

Patentability of Computer-Implemented Inventions Post-Commissioner of Patents v Aristocrat: A Brave New World or Dystopian Future?

Patentability of Computer-Implemented Inventions Post-Commissioner of Patents v Aristocrat: A Brave New World or Dystopian Future?

Introduction Few areas of patent law have received as much recent judicial attention in Australia as the statutory test for patentable subject matter. The decision of the Full Court of the Federal Court of Australia in Commissioner of Patents v Aristocrat Technologies Australia Pty Ltd (“Aristocrat”)3 has established a new test for determining whether a computer-implemented invention involves…