Patentability of Computer-Implemented Inventions – Where Are We Post-Benjamin Moore?

In July 2023, the Federal Court of Appeal rejected the Federal Court’s proposed framework for assessing eligibility of computer-implemented inventions and sent Benjamin Moore’s patent application back to CIPO for redetermination of patentability. In doing so, the FCA considered not only Canadian case law relating to the definition of “invention,” but also U.S. and Australian jurisprudence. Panelists will discuss the subsequent impact of the FCA’s decision on counsel and clients.

Julie Desrosiers Fasken Martineau DuMoulin LLP (Montréal)
James Hinton Own Innovation (Kitchener) 
Jenna Wilson Wilson Lue LLP (Toronto)
Moderator: Jonathan Giraldi Aitken Klee LLP (Ottawa) 

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