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Schlumberger Canada Ltd v Canada (Commissioner of Patents)
''Schlumberger Canada Ltd v Canada (Commissioner of Patents)'' is a decision of the Federal Court of Appeal concerning the patentability of software inventions within the context of the Patent Act (Canada).〔''Patent Act'', RSC 1985, c P-4〕 At issue was the patentability of a method of combining and analyzing borehole measurements for oil and gas exploration using a computer programmed according to mathematical formulas. The Federal Court of Appeal held that the use of a computer "does not change the nature" of the discovered invention and that the process at issue was a "mere scientific principle or abstract theorem" and therefore not an "invention" within the meaning of the Patent Act.
More broadly, the case stands for the proposition that the use of a computer neither adds to, nor subtracts from, the patentability of an alleged invention.
==Background==
In oil and gas exploration, data is collected by taking measurements using instruments lowered into boreholes in geological formations. However, these measurements are not always useful to geologists. Schlumberger researchers (the appellants) developed a method to combine and analyze measurements to yield more meaningful information. The application described a process where the borehole measurements were recorded to magnetic tape and processed by a computer for mathematical processing and display.〔Schlumberger, 56 C.P.R. (2d) 204 at para 2〕
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