Choueifaty v Canada: The End of the Problem-Solution Approach for Software Patents?

By Liz Gray On August 21, 2020, the Canadian Federal Court rejected the problem-solution approach adopted by the Canadian Intellectual Property Office (CIPO) for assessing patentable subject matter under the Patent Act.  The problem-solution approach has long been the standard used by CIPO to determine whether a claim element is “essential” to the invention for …

Read moreChoueifaty v Canada: The End of the Problem-Solution Approach for Software Patents?