In the recent decision Choueifaty v. AG, 2020 FC 837, Canada’s Federal Court rejected the problem-solution approach to patent claim construction that has been used by the Canadian Intellectual Property Office (“CIPO”) for assessing whether claimed subject-matter meets the definition of invention, i.e., whether the claimed subject-matter is patentable. The Court found that CIPO’s approach, which has often resulted in the computer being considered not a part of the invention, has improperly ignored the patentee’s intention as to which elements of a claim are essential. The Court in so doing has potentially opened the door to making it easier to