Case information
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41004
Intellectual Property Institute of Canada v. Attorney General of Canada
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-06-07 | Close file on Leave | |
| 2024-05-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-05-16 | Judgment on leave sent to the parties | |
| 2024-05-16 |
Judgment of the Court on the application for leave to appeal, The request by the Intellectual Party Institute of Canada for an order pursuant to Rule 18(5) of the Rules of the Supreme Court of Canada to be substituted as a party is dismissed. Accordingly, the application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-188-22, 2023 FCA 168, dated July 26, 2023, and motion for an extension of time to serve and file the application for leave to appeal are quashed pursuant to s. 44 of the Supreme Court Act. Quashed |
|
| 2024-05-16 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Quashed |
|
| 2024-05-16 |
Decision on motion to add or substitute parties, See decision on application Dismissed |
|
| 2024-04-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-04-02 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-04-02 | Submission of motion to add or substitute parties, for consideration by the Court | |
| 2024-01-10 | Book of authorities, (Book Form), Completed on: 2024-01-10, (Printed version filed on 2024-01-10) | Intellectual Property Institute of Canada |
| 2024-01-10 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-01-10, (Printed version filed on 2024-01-10) | Intellectual Property Institute of Canada |
| 2023-12-19 | Response to motion to add or substitute parties, (Included in the respondent's response on the application for leave to appeal), Completed on: 2023-12-19 | Attorney General of Canada |
| 2023-12-19 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2023-12-28) | Attorney General of Canada |
| 2023-12-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-01-02, (Printed version due on 2023-12-28) | Attorney General of Canada |
| 2023-12-12 | Certificate (on limitations to public access), 23A-motion | Intellectual Property Institute of Canada |
| 2023-12-12 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2023-12-15, (Printed version filed on 2023-12-12) | Intellectual Property Institute of Canada |
| 2023-11-20 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2023-11-20 | |
| 2023-10-27 | Motion to add or substitute parties, (Book Form), (Included in the application for leave to appeal), Completed on: 2023-11-20, (Printed version filed on 2023-10-31) | Intellectual Property Institute of Canada |
| 2023-10-27 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2023-11-03) | Intellectual Property Institute of Canada |
| 2023-10-27 | Notice of name, (Letter Form), (Printed version filed on 2023-10-31) | Intellectual Property Institute of Canada |
| 2023-10-27 |
Application for leave to appeal, (Book Form), (4 volumes), REQUIRED: - motion to extend time (rec'd 2023-12-12), Completed on: 2023-12-15, (Printed version filed on 2023-10-31) |
Intellectual Property Institute of Canada |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Intellectual Property Institute of Canada | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Intellectual Property Institute of Canada
Counsel
Michael Shortt
Eliane Ellbogen
800 Victoria Square, Suite 3500
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7400
FAX: (514) 397-7600
Email: jdesrosiers@fasken.com
Agent
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com
Party: Attorney General of Canada
Counsel
Abigail Browne
Antoine Lippé
James Schneider
Ontario Regional Office - National Litigation Sector
120 Adelaide Street West, Suite 400
Toronto, Ontario
M5H 1T1
Telephone: (416) 347-8754
Email: shalene.curtis-micallef@justice.gc.ca
Agent
Department of Justice Canada
50 O'Connor Street, Suite 500, room 556
Ottawa, Ontario
K2P 6L2
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Intellectual property — Patents — Administrative law — What is the legal test for determining the subject-matter patentability for computer-implemented inventions — As a matter of administrative law, when can courts hearing statutory appeals from administrative decision-makers require those decision-makers to use a specific legal test?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Benjamin Moore & Co.’s applications for two patents in respect of a computer implemented colour selection method were rejected. It appealed to the Federal Court. The Intellectual Property Institute of Canada intervened and argued the Federal Court should order a revised framework for assessing the patentability of computer-implemented inventions. The Federal Court of Appeal remitted the applications back to the Canadian Intellectual Property Office to be reconsidered with instructions to adopt the test described by the Intellectual Property Institute of Canada. The Federal Court of Appeal allowed an appeal and remitted the applications to be reconsidered adopting the version of Canadian Intellectual Property Office’s Manual of Patent Office Practice current at the time of the re-hearing.
Lower court rulings
Federal Court
2022 FC 923, T-1340-20, T-1341-20
Patent applications remitted to the Canadian Intellectual Property Office to be reconsidered with instructions
Federal Court of Appeal
2023 FCA 168, A-188-22
Appeal allowed, instructions struck, applications remitted to be reconsidered adopting current version of Canadian Intellectual Property Office Manual of Patent Office Practice
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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