December 2019

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Background Patenting computer programs is an area which is rife with misconceptions. Many businesses are put off pursuing patent protection because they believe that the hurdles are insurmountable. These misconceptions are understandable because computer programs fall within a grey area of “excluded subject-matter” which covers technologies that seem like they should be patentable but are not. Other such grey areas include methods of medical treatment and business methods. Even the Canadian Intellectual Property Office has been guilty of over-simplifying the situation by stating in a Patent Basics sheet that “[s]oftware is considered a literary work and cannot generally be protected with a patent”. This isRead More →