Is Canadas Climate Improving for Patentability of Business Methods?
Business methods — and, by extension, financial services innovations — are commonly perceived as not being patentable in Canada. This perception is no doubt fed by the prevalence of subject matter objections made by Canadian patent examiners against computer-related and business method claims. This has been a source of frustration for some patent applicants, especially since the Canadian patent statute and case law provide little support for certain administrative positions taken by the Canadian Intellectual Property Office (CIPO) and its examiners. In January 2007, the Canadian Patent Appeal Board issued two decisions that shed greater clarity on the nature of subject matter that might gain approval in Canada. The decisions endorsed approaches to examining patent applications that appear favorable to the patentability of business methods and financial service-related innovations and are particularly noteworthy for the board’s strong statements about improper subject matter objection
