Difference between revisions of "Canada"
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* [http://www.jurisdiction.com/dmc0003.htm Software Patents In Canada, Japan and Europe], section 3(d) talks of the 1981 Schlumberger case | * [http://www.jurisdiction.com/dmc0003.htm Software Patents In Canada, Japan and Europe], section 3(d) talks of the 1981 Schlumberger case | ||
* [http://www.stikeman.com/SoftwareCopyright_Patent_Derenyi_07.pdf Software copyright and software patents], by Eugene Derényi, Stikeman Elliott LLP | * [http://www.stikeman.com/SoftwareCopyright_Patent_Derenyi_07.pdf Software copyright and software patents], by Eugene Derényi, Stikeman Elliott LLP | ||
| − | * 2009: [http://www.p2pnet.net/story/22381 Canadian Patent Appeal Board rejects business method patents] | + | * 2009: [http://www.p2pnet.net/story/22381 Canadian Patent Appeal Board rejects business method patents], plus an [http://www.michaelgeist.ca/content/view/4034/135/ article by Michael Geist] |
* [http://www.flora.ca/patent2003/ Flora 2003 report on software patents in Canada] | * [http://www.flora.ca/patent2003/ Flora 2003 report on software patents in Canada] | ||
Revision as of 19:10, 8 June 2009
Software patents, according to patent lawyer Eugene Derényi, are widely available in Canada since a 1981 court decision "Schlumberger Canada Ltd. v. Commissioner of Patents".[1]
Subsequent court cases allowing software patents include:
- Re Motorola Inc. Patent Application No. 2,085,228
- Re Motorola Inc. Patent Application No. 2,047,731
Software ideas are excluded "per se", but this limit is trivially circumvented because these patents were allowed because they were claimed together with a storage medium.
Since 2005, the non-legally-binding Manual Of Patent Office Practice (of the Canadian Intellectual Property Office) talks of "computer-implemented inventions" and says "an act or series of acts performed by some physical agent upon some physical object and producing in such object some change either of character or condition" and "it must produce an essentially economic result in relation to trade, industry or commerce".[1]
External links
- Software Patents In Canada, Japan and Europe, section 3(d) talks of the 1981 Schlumberger case
- Software copyright and software patents, by Eugene Derényi, Stikeman Elliott LLP
- 2009: Canadian Patent Appeal Board rejects business method patents, plus an article by Michael Geist
- Flora 2003 report on software patents in Canada
