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Canada Courts, Patent Office Warns Against Trying To Patent Mathematics

Posted by samzenpus on from the free-numbers dept.

davecb writes "The Canadian Intellectual Property Office (CIPO) has recently published two notices for patent examiners relating to patent interpretation, and in particular computer-related/business method type patents saying: 'for example, what appears on its face to be a claim for an "art" or a "process" may, on a proper construction, be a claim for a mathematical formula and therefore not patentable subject matter.'"

1 of 215 comments (clear)

  1. It's not over yet! by bogaboga · · Score: 5, Informative

    Here's why: Lawyers being what they are, will bicker over what exactly a mathematical formula is.

    I will never forget an incident where in the recent Oracle vs Google case, Oracle's side tried to change the facts about a memory reference being symbolic or otherwise. Mind you, this was an expert! It was pathetic!

    Subsequently, the court shot down Oracle's position with this piece.

    The foregoing is sufficient but it is worth adding that Oracle's infringement case was presented through Dr. Mitchell. A reasonable jury could have found his many "mistakes" in his report merely to be convenient alterations to fix truthful admissions earlier made before he realized the import of his admissions. For this reason, a reasonable jury could have rejected every word of his testimony.

    Oracle lost the case - For now.