I hope that means what I think it means:
Deliberately read the claims
against non-patent eligible subject matter, if it rings true - no patent
granted!
Interesting quote:
Notice #2 is directed at
"computer-implemented inventions" which CIPO says "present[] unique
challenges".
They're not unique challenges once you recognize
that:
apply software to computer
is exactly no different
then:
apply math formula to calculator
I look forward to the day when
software is no longer considered magical.
"Examiners must determine
if a computer is essential or an 'afterthought' " for example is the invention
really a mathematical equation that uses a computer merely to
expedite
That's all every piece of software
is.
Inevitably, issues of patentable subject matter, particularly in
the biotechnology area, engage societal policy issues and often set "grey"
boundaries. The Supreme Court of Canada determined in 2002 that one could not
patent a higher life form (an altered mouse having cancer genes), however
individual cells were patentable (Harvard College v CIPO 2002 SCC 76). Two years
later the same court found a patent directed at a modified plant gene was
infringed by a farmer who was making the higher life forms (plants) (Monsanto
Canada v Schmeiser 2004 SCC 34 at 22-23).
Sadly, it looks like the
madness of accepting the illusionary has infected Canadian Courts.
For
those curious with regards Amazons One-Click patent in Canada, a link to the
ruling. In a nutshell:
The Canadian patent office refused the
Patent.
Amazon Appealed.
The appeal was granted with the
appearance of ordering the patent to be granted.
Canadian Patent Office
appealed.
The Supreme Court's decision:
I conclude that the
appeal should be allowed but only to amend the direction so that it requires the
Commissioner to re-examine the patent on an expedited basis in a manner
consistent with these reasons.
So... if the Commissioner
re-examines within the considerations outlined and still finds invalidity - the
One-Click patent could still face extinction in Canada.
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