An application for leave to appeal has been filed at the Supreme Court of Canada by the Intellectual Property Institute of Canada in the case of Benjamin Moore & Co. v. Attorney General of Canada (“Benjamin Moore”).
As we have previously reported, the long-awaited decision in the case of Benjamin Moore was released earlier this year. In the decision, the Canadian Federal Court of Appeal (“FCA”) struck down the three-part test for subject-matter patentability and sent the Benjamin Moore patent applications back to the Commissioner of Patents.
We have been eagerly watching for this possible appeal and look forward to seeing how this case—and the interpretation of patentable subject matter in Canada—continues to evolve!
In the meantime, please contact our team of experts with any questions about patentable subject matter or software patents in Canada.
