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ARTICLE · 27 JUNE 2012

Business Method Patent Protection For Life Science Products

Gowling WLG
Gowling WLG
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Gowling WLG

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The recent Amazon.ca decision of the Federal Court of Appeal in 2011 reverses the Commissioner of Patent’s long-held belief that business method patents are unpatentable subject matter.

CanadaIntellectual Property
John Norman
John Norman
Xiang Lu
Xiang Lu
Sumiko Mori
Sumiko Mori
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The recent Amazon.ca decision of the Federal Court of Appeal in 2011 reverses the Commissioner of Patent's long-held belief that business method patents are unpatentable subject matter. The implications of this decision for life sciences companies are far-reaching. The Amazon. ca decision has implications to medical use claims. Additionally, as a result of the Amazon.ca decision, life sciences companies should now consider taking advantage of business method patent protection generally associated with technologies relating to telecommunications, computer devices, software and e-commerce.

However, with advances in computer technology, an increasing number of life science companies are incorporating sophisticated hardware and software into their diagnostic, therapeutic or surgical products. In order to maximize revenues, it is critical that life science companies understand the issues relating to patenting software and business method technologies in Canada. The area

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