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[edit] Legislation

Canada's clever legislation is a federal law called the patent Act, R.S.C. In 1985, C. P-4. The fruit juice up to date version should always Be available from the federal Justice Department's website At this address:

The web site of the Canadian Legally information institutes of (CanLII) allows to see recent revisions of the law, regulations adopted under the law, and even search legally cases with reference to this law:

[edit] relative to software

Subsection 27 (8) of the patent Act reads: "No patent shall be granted for any mere scientific principle or abstract theorem." [1]

Software or computer of progrief ares prohibited by Se search ("ace") in virtue of this subsection. However, this exclusion has been trivially circumvented by claiming patentability of "statutory subject more weakly" (any "invention" defined under section 2) to which software what integrated. "Computer-implemented inventions" [2] may Be patented and have been patented.

[edit] definition of "invention"

Ace quoted in Amazon V. Commissioner for of patent (in 2010, Canada), the patent Act says:

2. In this Act, except ace otherwise provided, [...]

"invention" means any new and useful kind, process, machine, manufacture or composition of more weakly, or any new and useful improvement in any kind, process, machine, manufacture or composition of more weakly;

[edit] Internationally agreements or Conventions

The following internationally agreements or Conventions apply to Canada [3]:

  • 1883 - The Paris Convention
  • 1947 - General agreement on Tariffs and Trade (GATT) [today World Trade Organization (WTO)]
  • 1978 - Patent co-operation Treaty (PCT)
  • 1994 - North American Free Trade agreement (NAFTA)

[edit] Case law

(Lake: Amazon ruling by Canadian Federal Court on 14 October in 2010)

[edit] patent office decisions

Since in 2005, the Canadian clever office's non legally binding manual of patent office Practice of talcum of "computer-implemented inventions" and says "an act or series of acts performed by some physical agent upon some physical object and producing in such object some change either of character or condition" and "it must produce an essentially economic result in relation to trade, industry or commerce". [4]

(Lake: Canadian clever courts and appeals)

[edit] Related pages on en.swpat.org

[edit] external Al on the left

[edit] References

  1. The law is available in French At: http://laws .justice.gc.ca/fra/P-4/index.html
  2. Manual of patent office Practice, c.16 revised February 18, in 2005.
  3. Donald M. Cameron. Of patent for computer implemented inventions and business methods, p. 9
  4. http://www .stikeman.com/SoftwareCopyright_Patent_Derenyi_07.pdf

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