Keywords
intangible inventions, patent protection
Abstract
In this paper, I will examine how the U.S. and Canadian courts have approached the patentability of intangible inventions and discuss whether any lessons can be learned from the U.S.’s patent dilemma. In section 2, I will review the American jurisprudence on patentability of intangible inventions. In section 3, I will discuss the potential impact Bilski may have on the American jurisprudence. Section 4 will assess the Canadian jurisprudence on patentability of intangible inventions. In section 5, I will discuss the Federal Court of Canada’s decision in Amazon/FCC. I argue that based on recent events in the American jurisprudence, Canadian courts should carefully consider the consequences of opening up patent protection to intangible inventions because granting too much patent protection can impede innovation and endanger the patent system.
Recommended Citation
Haewon Chung, "Lessons from Bilski" (2011) 9:1 CJLT.
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