business documents on office table with smart phone and digital tablet and graph financial with social network diagram and man working in the background




Patenting Software in Canada
Why things have gotten a lot easier


Few things in the patent world have been as contentious as software patents have been over the last decade. Once upon a time the best, easiest and strongest protection was available in the United States. At least since the U.S. Supreme Court’s decision in Alice v. CLS Bank in 2014 that has not been the case. And as so much innovation— by some calculations two-thirds of all patentable innovations— related so software, artificial intelligence or machine learning, obtaining any patent protection has become increasingly difficult in the U.S.

Meanwhile, north of the border, in Canada, the Federal Court of Canada recently issued a decision in Choueifaty v. Canada, which held that the Canadian Intellectual Property Office (CIPO) had not been applying the proper test when determining whether computer-implemented methods qualify as an invention that are eligible for patent protection. In essence, the Choueifaty decision paves the way for software inventions to be patented even when implemented using generic computer components.

Those familiar with European practice no-doubt are familiar with the problem-solution approach to drafting software patents, which although not the law in the U.S. is believed by many to be a safe harbor. The problem-solution approach had also evolved to be adopted in Canada, but Choueifaty now strikes down that approach as being too strict and inconsistent with Canadian patent law.

Amidst this important change in the handling of software patent applications by CIPO, join Gene Quinn, patent attorney and founder of, for a free webinar conversation about what this means for innovators and companies looking to protect computer-implemented innovations. Joining Gene will be Natalie Raffoul, Managing Partner at Brion Raffoul LLP and Louis-Pierre Gravelle, a partner in the Montréal office of Robic. 


Please complete the form to watch the Recording: