Business Method Patents- Court of Appeal

February 16, 2023

I intervened in the Federal Court of Appeal in the case of Benjamin Morre v. The Attorney General of Canada. I argued on behalf of The Canadian Health and LIfe Insurance Association and Insurance Bureau of Canada. The case concerned a new test that had been advanced by the Intelectual Property Institute in Canada and adopted by the trial division.  If confirmed, this new test would considerably expand the patenting of business methods and remove restrictions on such patents such as those that exist in other countries such as the US and the EU. This is the first significant case on business method patents to reach the Court of Appeal since the Amazon case in 2011.

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