Federal Court Open Door to Business Method Patents
5 Comments
Law Bytes
Episode 65: My Ian Kerr Memorial Lecture – Privacy and Zambonis in the Age of COVID-19
Search Results placeholder
Recent Posts
“Get Money from Web Giants” Grows: Canadian Heritage Minister Guilbeault Says Government Working on a New Data Tax 
An Anti-Digital Agenda: Forget the Digital Policy Reboot, the Government Just Hit Delete Instead 
“Get Money From Web Giants”: Why Canadian Heritage Minister Steven Guilbeault’s Top Legislative Priority is Risky Business 
Why It’s Time to Reboot Canada’s Failed Digital Agenda 
Weakening Net Neutrality: How the Government’s Internet Regulation Plan Abandons the Principle of Equal Treatment of Content Online
It begins…
Apparently, they feel they work so damn great down South…
RE: realyst
Yep, it’s all Microsoft vs. Apple vs. Oracle vs. Google down there.
Not in making better products, of course, but to see who can acquire the most software patents to sue and extort each other with.
Mind you, all that the FCC said was that the Commissioner erred in her rejection of the patent due to a policy that business processes are not patentable; they did not grant the patent, they ruled only on the fact that there is not class exemption for business processes. The ordered re-examination means that the patent may still be rejected due to “obviousness”.
This leaves the door open to the patenting of things like new marketing methods or “quality” methodologies. Each patent application would then still have to go through other tests to see if it was patentable.
Patents are used as hunting licences south of the border. Software companies are moving operations out of the US to try to avoid the madness. The government should be ready with legislation to step in and stop this before it leaves us completely screwed.
Sarcasticly … Serious
“Anything under the sun” is not patentable, but surely “anything under the sun, made by man is”. It is funny how on one hand we claim that we are not doing so well in the e-commerce and e-business sector and on the other hand we make it easier to patent software. No wonder developing countries are expected to enforce stronger patent regimes, following this logic I really believe it is for their own good…