- Wednesday, 10 February 2010
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Canada says no to business method patents
WHILE THE US gets its knickers in a twist about strange patents that will end up costing industry a bomb while killing innovation, north of the border judges have ruled that business methods are not eligible for patents.
The Canadian Patent Appeal Board denied an appeal by Amazon.com over a "one-click" ordering system patent. Amazon was trying to do what it had in the US to prevent others from using a one-click method for buying goods online.
In the US, business method patents grew like topsy in 1998 after the US Court of Appeals for the Federal Circuit ruled that patents could be awarded for business methods, in a case known as State Street Bank v. Signature Financial.
Afterwards lots of US companies queued up to file patent claims for some of the daftest business practices, which they all claimed were their own unique inventions.
Writing in his bog, Canadian Michael Geist points out that Amazon.com was the most prominent business method patentee with its notorious one-click patent.
Amazon's big idea was important for Internet e-commerce players and it was probably worth the online retailer's effort to lock up that business method with a patent, if that meant it could force its commercial rivals to have to pay it to use a closely similar process.
However the Canadian judges were shocked that Amazon would try for legal endorsement of a patent on such an obvious business process in the British Commonwealth.
The Board said, "since patenting business methods would involve a radical departure from the traditional patent regime, and since the patentability of such methods is a highly contentious matter, clear and unequivocal legislation is required for business methods to be patentable."
Amazon.com might try to appeal to the Federal Court. However, the Board's decision and the language used were so unequivocal it sounds like Canada will have to bring in legislation if it wants to endorse the same level of brushfire legal warfare and patent trolling that have sprung up across its southern border. µ
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Well done Canadian law ...well done. Patenting only works if you have loads of money to destroy the original inventor......
... something US is so very famous for.
Radio? The Fluorescent light bulbs.... ooo I could go on...."MS" DOS
So could I setup shop in Canada, copy anyone's business method patents and have security that noone can sue? Wow, Canada is the new Delaware
Um... right, I somehow don't think you get the point.
I dare say the way it's going in the states it won't be long before someone patents going for a dump.
Rob
"...clear and unequivocal legislation is required for business methods to be patentable."
Sounds like the board is encouraging just such legislation. Great.
"I dare say the way it's going in the states it won't be long before someone patents going for a dump."
You mean "Method for excreting biological waste from body using integral self-closing orifice"? Sorry, I locked that one up a few years ago. You can put the license fee in my PayPal, thanks.
DBP should be a felony.
wait... I live in Canada -- i dooon't think we have any bogs here ... do we?
Bog: A slang British term meaning toilet.
So, the bloke was writing on the khazi, sorry, loo :-)
Bog: A slang Inq term for blog. So he was writing on his blog (with a hint of toilet humour thrown in).
The original meaning for bog is swamp, and yes, we have plenty of swamps or bogs here in Canada. My god you must not get out much.
dont mind me, im just leaving this here...
inamerika
first we invent a 2 click payment system
then we invent a 3 click payment system
then we invent a 4 click payment system
then we invent a 5 click payment system
then we invent a 6 click payment system
then we invent a 7 click payment system
then we keep going till all the payments systems are belonged to éire.
welcome your knew payment system overlords, pay us to take ur monies
now the children of éire
call it payphuc
then ultee death?
life without ultee? only sanity follows deth of 'click payment systems'
ramdrive it all, reset to w764(not plane), ultee rebirth
wish id done all this on arm, wouldnt have used a watt,
what happens when all the funds and NYC diesel are gone?
Dra Shek Pat. Pend & Reg in Canada, Sold in Market in New Orleans & C & TM. yet, Still Canada Craves More Drashek.
As Orange Sun Lowers in Sky for Drashek Commentos' Act. End Being less than week away.
Remember: Drashek Saved Canada from Wind & Help Feed Little duckling worldwide. Ahhh. drashekada. Ahhh, Drashekada, How Weave BOW to your Branches. Hudson Bay Drashek, PEI Drashek, OTTAWA Drashek & MANATOBA Drashek, thats MD kind, with toba stuff. Luckily Canada dosn't follow E.U. Lead in banning IE, as most stuff won't download & install on other browsers. its Drashek Principle at work.
Ahhh, Drashekada, Ahh, Drashekada....