PATENT VICTORY OR BUST ?

17. April 2010, 17:16 | by WD Milner | Full Article |

Last autumn, the Canadian Patent Appeal Board ruled on Amazon.com’s application for its “one-click” shopping system. Their decision was that Amazon’s system was not patentable since it did not fall into one of the five categories of patentable subjects listed in the Patent Act.

In order to be patentable an inverntion must be technological in nature (or have a technological effect) and that the invention must involve a physical object. The Board decidedtherefor, that business methods are not patentable given that they only transform information rather than physical objects and do not result in a technological effect.

This has major significance for several branches of high tech industries as it is a clear indication that the Canadian Intellectual Property Office has taken a definite stance against business method patents, and by extension software patents in general. While the decision will likely be appealed, for the immediate future obtaining a patent for software will likely be very difficult.

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Keywords: Canada,patents,software,Amazon

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