Comparing US And Canadian Approaches To Determining Subject Matter Eligibility Of Computer-Implemented Inventions

Introduction

The recent U.S. Federal Circuit decision of Accenture Global Services, GMBH v. Guidewire Software, Inc.¹ ("Accenture") is a reminder that American law on patentable subject matter remains unclear. While Canadian law and Canadian Patent Office practice concerning patentable subject matter have been in flux, several decisions rendered by Canada's Patent Appeal Board ("PAB") applying the Canadian Patent Office's new guidelines on examining computer-implemented inventions, particularly those directed at software and business methods, have brought some clarity to patent applicants as to the circumstances under which their inventions will be found to constitute patentable subject matter.