In Benjamin Moore & Co. v. Attorney General of Canada, 2022 FC 92311, the Federal Court of Canada set aside the Canadian Intellectual Property Office’s (CIPO) refusal of patent applications for two computer-implemented inventions relating to colour selection methods using experimentally derived relationships for colour harmony and colour emotion (the Federal Court of Canada remitted Canadian Patent Applications No. 2,695,130 and No. 2,695,146, directed to a “Colour Selection System”).
The court remanded the applications back to CIPO for reconsideration in light of the court’s decision in Choueifaty v Attorney General of Canada (Choueifaty),2 which also overturned refusal of an application for a financial technology invention on patent eligibility grounds. Please see our previous IP monitor on Choueifaty for more information.
In Benjamin Moore the Federal Court of Canada set out a clearer three-part test for patentability, replacing the approach taken by the commissioner and CIPO during the examination of these patent applications.
12022 FC 923
22022 FC 837