Jason Hynes weighs in on landmark AI patent ruling in Canada
Principal Jason Hynes was recently shared insights on the potential impact of Dusome v Canada (2025 FC 1809), a significant Federal Court decision that could reshape how artificial intelligence (AI) and software-related inventions are patented in Canada with The Logic.
Inventor Barry Dusome has spent nearly two decades attempting to secure a Canadian patent for his poker variant, High Hand Hold ’Em. Dusome’s application was repeatedly rejected by the Canadian Intellectual Property Office (CIPO), which found that his game did not qualify as a patentable “invention” under the traditional categories set out in the Patent Act. Like many software and AI-based innovations, the invention was seen as too “abstract,” focusing on rules and methods rather than something physical.
After exhausting administrative avenues, Dusome appealed to the Federal Court, representing himself. In a notable ruling, the Court found that CIPO’s approach to assessing patentability was overly narrow and failed to properly follow Canadian law and account for inventions that combine abstract ideas with physical or technological elements. The decision (and the resulting CIPO practice notice) is hoped to have positive implications for innovators working in AI, software and other emerging technologies. Nevertheless, questions remain as to how Canadian patent examiners will apply the latest guidance, and only time will tell if this truly represents a step in the right direction on the topic of computer implemented inventions.
In his capacity as President of the Intellectual Property Institute of Canada, Hynes provides important context on the challenges facing Canada’s patent framework, particularly when it comes to modern and intangible inventions. The article highlights how longstanding legal definitions, rooted in centuries-old concepts, have created uncertainty for innovators seeking protection for AI-driven technologies.
“It has been difficult to get AI and other computer implemented patents through the Canadian Patent Office. Hopefully this latest Dusome decision will set us on a better path that recognizes the importance of protecting such a key sector of a modern and innovative economy.”-Jason Hynes