Patentability Of Computer-Implemented Inventions In Canada - The Amazon Saga Continues

In seeking patent protection for computer-implemented inventions, one of the most common barriers faced by applicants is subject matter eligibility. Computer-implemented inventions are often found to lie outside the scope of the term 'invention' as defined by the Patent Act. That is, Canadian patent examiners often find that computer-implemented inventions, as claimed, fail to recite something more than abstract ideas. Generally, in computer-implemented inventions, the claimed subject matter will be statutory if it can be shown that a computer element is an essential element of a construed claim. However, the approach adopted by the Canadian Patent Office to determine the essential elements of a claim has been widely criticized on the basis that it is inconsistent with Canadian jurisprudence and that it is inconsistently applied.