Kassandra Shortt, Katherine (Katie) Graham, and Terell Parredon Rhooms have been republished by Wolters Kluwer in IP Litigator. The article, titled “Navigating Patentable Subject Matter Eligibility in Canada: Dusome Joins the Fold,” looks at the decision in Dusome v Canada (Attorney General).
This decision from the Federal Court reinforces that purposive construction, as opposed to the patent examiner’s definition of the “actual invention,” remains the governing framework for assessing patentable subject matter under section 2 and subsection 27(8) of the Patent Act. The decision also underscores the ongoing tension between the Patent Office and the Federal Courts when it comes to the test to be applied to computer-implemented inventions.