Patentability of business models

Abstract

The article reviews the current positions of the United States and Canadian Patent Offices with respect to the patentability of computer programs and business models. A closer look at a recent US Court of Appeal decision is also included. With the emergence of the Internet as a significant marketplace, many companies are developing new business models which are adapted for use in the e-commerce market. Presently, many business models are implemented in software to take advantage of the Internet marketplace. In the past, the patenting of software implemented business models was not possible but the stance of Canada and the United States with regard to the patentability of software has changed over recent years. It is now clear that software related inventions are patentable, however, the extent of patentability differs from country to country in view of changes to patent statutes and recent decisions rendered in the various Courts.