Business Method And Computer Implemented Inventions

Computer software is not patentable per se, but may receive patent protection by clever drafting. For example, one can patent a computer or system that is programmed with computer software. One can presumably also patent an article of manufacture comprising a computer readable memory containing a computer program. Section 16.03.01 of the Manual Of Patent Office Practice provides in part:

Software expressed as lines of code or listings is considered to be a literary work under the Copyright Act [and is not patentable]. Software in the form of a data model or an algorithm is automatically excluded from patentability under subsection 27(8) of the Patent Act, in the same manner as a mathematical formula, and is considered to be equivalent to a mere scientific principle or abstract theorem. However, computer related subject matter is not excluded from patentability if the traditional criteria for patentability are satisfied. Software that has been integrated with statutory subject matter may be patentable.

Business methods are patentable. Section 12.04.04 of the Manual Of Patent Office Practice provides in part:

The expression "business methods" refers to a broad category of subject matter which often relates to financial, marketing and other commercial activities. These methods are not automatically excluded from patentability, since there is no authority in the Patent Act or Rules or in the jurisprudence to sanction or preclude patentability based on their inclusion in this category. Patentability is established from criteria provided by the Patent Act and Rules from Jurisprudence as for other inventions.