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Difference between revisions of "Canada"

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==Legislation==
 
==Legislation==
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Canada's patent legislation is a federal law called the ''Patent Act, R.S.C. 1985, c. P-4''. The most up-to-date version should always be available from the federal Justice Department's Website at this address:
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* http://laws.justice.gc.ca/eng/P-4/index.html
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The Web site of the Canadian Legal Information Institute (CanLII) allows to see recent revisions of the law, regulations adopted under the law, and even search legal cases with reference to this law:
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* http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-p-4/
  
 
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.
 
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.
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* http://www.opic.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/home - Canada's patent office
 
* http://www.opic.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/home - Canada's patent office
 
* [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
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* [http://www.jurisdiction.com/spcanada.htm Software-Related Patents: Canada]
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* [http://www.jurisdiction.com/campat.htm Cameron’s Canadian Patent and Trade Secrets Law]
 
* [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], plus an [http://www.michaelgeist.ca/content/view/4034/135/ article by Michael Geist]
 
* 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]

Revision as of 17:48, 15 March 2010

country-region-todo

Case law

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

Legislation

Canada's patent legislation is a federal law called the Patent Act, R.S.C. 1985, c. P-4. The most up-to-date version should always be available from the federal Justice Department's Website at this address:

The Web site of the Canadian Legal Information Institute (CanLII) allows to see recent revisions of the law, regulations adopted under the law, and even search legal cases with reference to this law:

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.

Patent office practice

Since 2005, the Canadian patent office's non-legally-binding Manual of Patent Office Practice 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

References

  1. ↑ 1.0 1.1 http://www.stikeman.com/SoftwareCopyright_Patent_Derenyi_07.pdf
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