How to Patent Software in Canada
If you’re interested in learning how to patent software in Canada, then you’re in luck! Patenting software is actually a fairly straightforward process if you know the right steps to take. First of all, you need to understand what constitutes a “software invention” in Canada. For instance, if you create an app, it’s not enough to have a “software invention,” it has to be a computer program or machine-executable code.
Novel
There are many benefits to patenting software. In Canada, software-implemented methods are valuable inventions. Many types of software methods are patented as business methods. They make business processes more efficient. Examples of such software methods include Artificial Intelligence (AI) and machine learning applications, as well as Financial Technology (Fintech) applications. While mathematical algorithms are not patented in Canada, they are patentable in the U.S. Previously, the patent office said that computer programs were not patented because they were purely implementations of mathematical algorithms. This stance was changed by the recent issue of the Canadian Patent Office (CIPO) granting patents to methods for dynamic mobile network traffic control, multiple payment applications, and medical diagnostics.
The patent process in Canada takes over 18 months. During this time, software is subject to a limited amount of legal recourse. Patent counsel may help you navigate the process. In the meantime, you should review the requirements for filing a patent application. Make sure that your invention qualifies as a software invention. If your invention meets these requirements, you may have an advantage over your competitors. Remember that the entire process takes longer than it should.
Aside from software-based inventions, a patent on computer programs is another important consideration. The Government of Canada is promoting the use of patents to protect intellectual property. This includes Canadian software businesses. But the Canadian government has made it clear that patenting software programs is not as easy as it used to be. In Canada, there are many steps that can be taken to protect your intellectual property. It is essential to know the rules before submitting an application.
Non-obvious
When trying to patent non-obvious software in the US, there are certain requirements that must be met. For instance, your invention must have been novel in its field, and not be obvious in view of multiple prior disclosures. The USPTO uses the “one-year rule” to test whether the invention is obvious in light of prior disclosures. In other words, you must demonstrate that the combination of two well-known elements is new and inventive.
In order to avoid infringement of your patent, you must prove that your invention is useful for its intended purpose. This can be done by examining whether the technology has sufficiently evolved to meet your requirements. Similarly, your invention must not be so obvious that it would not be obvious to a person with relevant technical knowledge or experience. However, you can still protect your ideas by filing a patent application for your software.
Useful
If you’re a software company in Canada, you may be wondering if it’s possible to patent your software. The Canadian Intellectual Property Office allows software to be patented, but only under certain circumstances. Fortunately, the Canadian Intellectual Property Office has clarified what conditions apply to software patenting and what kind of claims to write. Patent agents can help you determine whether your software is eligible for a patent.
Before filing your application, consider whether the technology in question is sufficiently advanced to warrant patent protection. If you’re attempting to patent a new way to use a computer, you may want to include details of its configuration, use, or network connections. In some cases, the patent office will consider both the software’s functionality and its use as a service. You may also want to include details of how the computer is configured and adapted to different network configurations.
If you’re wondering whether your software is eligible for a patent in Canada, it’s best to read the CIPO’s patent one-pager. The document makes it clear that computer software is not patentable, as the code used to produce it is protected by copyright. However, many innovative software ideas can be patented in Canada. To get the ball rolling, follow these useful tips for patenting software in Canada
Combination of computer and software
Computer and software patents can be combined to protect a new technology. The patenting process requires that the computer must be new, nonobvious, useful, and must fulfill all of the other criteria of the Patent Act. In the past, the Patent Office held that computer programs were not patented because they were not essential to solving a problem. In recent years, however, the Patent Office has taken a different approach.
While computer programs can’t be patented in Canada, computer-implemented inventions can. A recent case that highlights this point is the Amazon one-click case. Despite the legal issues regarding patenting computer programs, many high-tech companies have discovered that software patents are routinely granted. However, this doesn’t mean that you should stop searching for software patents. You should consider the following points before filing for a software patent in Canada:
The Patent Appeal Board makes decisions on whether a software or computer program is patentable. The Board also provides guidelines on how to draft patent-eligible claims. The patent office’s decisions are binding and have the potential to significantly increase patent litigation. If you have a product that isn’t covered by a patent, you can seek an injunction in Canada. For example, an injunction can be issued against a program if it’s used to create a computer-implemented application.
The Canadian Intellectual Property Office (CIPO) has published two Practice Notices that address how examiners examine software claims. The examiners’ instructions emphasize the importance of essential elements when determining patentability. This is important because a computer-implemented software innovation may not be eligible for patent protection without a tangible device. The CIPO’s recent practice guidance on software patents highlights the importance of identifying essential elements for patent eligibility.
Test for “actual invention”
The new test for determining whether a computer program is an “actual invention” is expected to bring clarity to the process of determining whether a computer program is a patentable invention. The court rejected the problem-solution approach to subject-matter assessment and instead directed that claims be evaluated for their practical application. In addition, the court invalidated the CIPO’s practice of assessing subject-matter only in terms of the new elements of the claims and not their “actual invention.” The decision, however, remains subject to appeal.
The new test for “actual invention” in patenting software in Canada requires that the computer be viewed as an essential element. Specifically, the examiner will consider how the computer works in conjunction with other elements of the claimed invention. The combination of those elements must be enough to produce an actual invention. “Physical” can mean anything from a physical existence to a tangible effect or change.
After the Amazon decision, the Canadian Patent Office issued subject matter eligibility guidelines. Purportedly based on the decision in Amazon, the guidelines apply a problem-solution approach to claim construction. This means that “essential” elements must be required to produce an actual solution, and that non-essential elements must be excluded. This test was applied by the Patent Office for several years and caused considerable frustration for many applicants.
The CIPO published a practice notice that details the factors that patent examiners must consider when determining whether a claim is eligible to be patented. Among these factors are the material effect of the element on the claimed invention and the inventor’s intent. The new guidance focuses on specific categories of invention, including those that involve computer software. It is important to understand the specific categories of invention in the application process so that you can properly prepare and present your case.
