The case involves an appeal by Benjamin Moore & Co. to the Federal Court of Canada regarding two decisions made by the Commissioner of Patents. Benjamin Moore argued that the Commissioner used the wrong test to determine patentable subject matter and requested that the court send the patent applications back to the Commissioner for reconsideration using a different test proposed by the Intellectual Property Institute of Canada (IPIC). The Attorney General of Canada agreed with Benjamin Moore and consented to the appeals being granted. The Federal Court granted the appeals and instructed the Commissioner to purposively construe the claims, determine if they involve a practical application of a scientific principle, and assess them for remaining patentability criteria. The court also addressed the issue of whether the appeal was proper, concluding that it falls within its jurisdiction under subsection 27(1) of the Federal Courts Act.

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