Patent Appeal Board

January 10, 2024
Person pumping gas into their car at a gas station

Appeal Board Weighs in on Patentability of Software Subject Matter

2023 CACP 23: Hot on the heels of the recent Benjamin Moore decision, Canada's Patent Appeal Board has considered the patentability of a computer-implemented invention.
November 15, 2021
Photo of computer screen showing a code editor.

Landmark Graphics Benefits Again From PAB’s Post-Choueifaty Approach

2021 CACP 42: Cementing its post-Choueifaty approach to patentable subject-matter in Canada, the PAB found all claimed elements to be essential in the computer-implemented invention.
February 16, 2021
Close-up photograph of server with multiple ethernet cords plugged in

Patent Appeal Board Rules Choueifaty Patent Application to Be Patentable

PAB 1556: Canada’s Patent Appeal Board reconsidered Mr. Choueifaty’s patent application for a computer-implemented method of managing portfolio assets.
November 23, 2018

PAB Rejects Application: Ambiguous and Indefinite Claims are Unpatentable

PAB 1453 – The Patent Appeal Board found that Canadian Patent Application No. 2,612,950 for a “system and method for generating real-time indicators in a trading list or portfolio” was obvious, the claims did not define statutory subject matter and were indefinite.
January 9, 2018
subject matter

Call Processing System Patent Rejected for Lack of Statutory Subject Matter and Obviousness

PAB 1420 - Canadian Patent Application No. 2,529,210 filed by Assurant Inc. for a system that routes customer calls based on a sales agent’s past performance was rejected by the Patent Appeal Board, at least for the reasons of non-statutory subject matter and obviousness.
February 28, 2017

Patent Appeal Board Rejects Home Healthcare Administration System for Obviousness

PAB 1394 - The Patent Appeal Board rejected the “Home Health Point-Of-Care and Administration System” disclosed in Canadian Patent Application No. 2,579,081 for being obvious to a person skilled in the art.
January 10, 2017

PAB Finds Proposed Amendments Overcome Defects in Stabilized Alpha Helical Peptides Application

PAB 1393 - The Patent Appeal Board found that Canadian Patent Application No. 2,544,223, entitled “Stabilized Alpha Helical Peptides and Uses Thereof” lacked utility, lacked sufficient disclosure, was obvious, and included indefinite claims.
January 30, 2014

Commissioner’s Decision Upheld on Judicial Review

University of California v Commissioner of Patents [2014 FC 80]   Background The Applicant – University of California – sought judicial review pursuant to s. 18.1 […]
December 23, 2013

PAB Allows Application Despite Examiner’s Rejection Based upon Unpatentable Subject Matter

Re. Patent Application 2,333,184 CD 1345   Background   The patent application at issue is for an automated method of classifying or sorting plant embryos of […]
December 23, 2013

PAB Rejects Application for Obviousness

Re. Patent Application 2,223,198 CD 1344   Background   Patent application 2,223,198 is for a nutritional composition that has successfully caused Chrohn’s disease to go into […]
December 23, 2013

PAB Rejects Patent for Method of Medical Treatment

Re. Application 2,365,923 CD 1343 Background The Application is for a patent for the use of a drug to treat patients suffering from a rare genetic […]
December 23, 2013

PAB Allows Patent Application Provided Amendments Made

Re: Patent Application 2,237,960 CD 1342   Background The application relates to the manufacture of precipitated calcium carbonate from impure calcium oxide.   On 17th of […]
October 2, 2013

PAB Holds Computer-Implemented Method of Fraud Detection Is Not Statutory Subject Matter

Re. Patent Application No. 2,144,068, CD 1339 This decision was a review by the Patent Appeal Board of the Examiner’s final rejection in respect of Canadian […]
October 2, 2013

PAB Refuses Patent for Distributed Content Electronic Commerce for Obviousness

Re Patent Application 2,222,229 [CD 1341]   Background The PAB dealt with a Final Action on patent application number 2,222,229 which was entitled “SYSTEM AND METHOD FOR […]
October 1, 2013

PAB Applies AZT finds that inventor could not soundly predict utility throughout entire claimed range

Re: Patent Application No. 2,248,228  [CD 1340] Background The Commissioner of Patents reviewed the decision of the PAB relating to patent application 2,248,228 entitled ‘METHOD OF […]
October 1, 2013

PAB Holds Computer-Implemented Method of Standardizing Bills of Resources Not Patentable Subject Matter

Re. Patent Application No. 2,304,195, CD 1338 This decision was a review by the Patent Appeal Board (PAB) of the final rejection of patent application no. […]
October 1, 2013

PAB Declares Patent Invalid on Basis of Obviousness, Lack of Inventiveness, and for Having an Indefinite Scope

Re: Patent Application No. 2,285,834 [CD 1337] Background The Patent application 2,285,834 was filed on October 13, 1999 based on a US priority application no. 09/182,020 filed on […]
July 16, 2013

PAB Applies Amazon, Finds a Computer-Implemented Method of Communicating the Cost of Insurance to Be Patentable Subject Matter

Re. Patent Application No. 2,344,781, CD 1336 This is an Appeal Board decision regarding patent application number 2,344,781 entitled "Monitoring System for Determining and Communicating a […]
July 11, 2013

PAB Applies Amazon, Finds a Tax Calculation System to Be Patentable Subject Matter

Re. Patent Application No. 2306540, CD 1334 This patent application concerned the tracking of required payments or refunds of value added taxes for mailpieces. The Final […]
April 30, 2013

PAB Clarified Sound Prediction and Functional Claim Drafting

Re. Patent Application No. 592,567, CD 1303 The subject application was rejected by the Examiner under section 2 of the Patent Act for containing claims for […]