Bonum Certa Men Certa

Software Patents Are Not Allowed in Canada, But the Patent Microcosm is Trying to Change That

Federal government to announce ‘patent troll’ crackdown as part of national IP strategy



Summary: In response to new rhetoric if not action from the government of Canada the patent 'industry' (notably patent law firms) meddles in national media

WITH the exception of China, software patents are difficult to get and then successfully assert (e.g. in courts) around the world. The rules have become a lot tougher; the USPTO became stricter, the EPO went totally out of control, and SIPO (China) seems to be granting patents on just about anything (they need to create and maintain an illusion of being originators so as to resist trade war pressures).

"These articles -- not too shockingly at all -- came from patent maximalists, notably law firms."What about Canada? Like Russia, Canada is a very large country, but most of it is too cold to be livable so the overall population size is 'underwhelming' and the same goes for the number of patents. These two countries aren't so relevant to WIPO and they aren't even in IP5 (a small country like South Korea actually is).

Over the past week we've seen some more articles about CIPO/Canada, shortly after the Canadian government bemoaned the impact of patent trolls. These articles -- not too shockingly at all -- came from patent maximalists, notably law firms. They make a lot of money from patent trolls.

Yesterday, for example, Bruce Berman at Watchtroll cited the US Trade Representative (USTR), which is a malicious and imperialistic front group. He kept dropping propaganda terms like "IP", which the headline contained even twice ("New Canadian IP strategy includes money for IP tools and literacy"). Watch how he attempt to discredit TechDirt and Torrent Freak:

Earlier this year, the UK IP Office (UK IPO) introduced a copyright awareness program with a series of educational animations for students seven to eleven-years-old. “Nancy and the Meercats,” under the Cracking Ideas initiative, met with nasty opposition from the likes of Techdirt and Torrent Freak. They believe that helping children to understand IP right from wrong is little more than brainwashing, which is predictable given the bias in these publications. Techdirt and Torrent Freak often have an IP axe to grind and believe that content and code should be broadly shared, and that piracy is not theft. Concepts foreign to those who actually create.


We have seen similar smears directed at the EFF, typically from patent trolls and occasionally from Watchtroll.

"It always came from law firms."Canadian media, much to our regret, carried similar propaganda. It always came from law firms. They do not represent Canadian companies. In this particular case it's Gavin N. Manning, partner at Vancouver’s Oyen Wiggs Green & Mutala LLP. He seems to be giving very bad advice as software patents are bunk, or at least pretty much worthless in courts (both in Canada and the United States). Another new rant about Alice, this time under a headline with buzzwords like "Fintech"? To quote:

In the late 1990s and early 2000s, it was common for broad software patents to be granted. That changed after some notable U.S Supreme Court cases. One is known informally as “Alice.”

In 2007, the Australia-based Alice Corporation held U.S. patents for financial-trading systems in which a third party held funds in escrow to mitigate the risk of non-payment. CLS Bank launched its own similar service and Alice accused CLS of patent infringement. CLS sued, alleging that Alice’s patents were invalid.

In 2014 the U.S. Supreme Court sided with CLS, maintaining that a patent must deliver more than an abstract idea to be valid.

In Canada, “laws of nature, mere scientific theories or abstract algorithms,” including the use of a computer to perform otherwise un-patentable methods, are not patentable.

After Alice, the number of rejected software patent applications soared.

“With the Alice decision and various court decisions that followed, there was a severe effect of limiting the availability of patents, particularly in certain areas, like financial technology,” Manning says.


So stop pursuing it. Problem solved. Another Canadian, Osler Hoskin & Harcourt LLP's Nathaniel Lipkus, published this nonsense with "IP" in the headline along with "innovators" (another buzzword). We first chose to ignore this, but he has just reposted it in another site, this time a site of patent maximalists (not the first time). It's that same old nonsense that's pushing for software patents by evoking "World IP Day" and "Trump", along with names of Canadian trolls or troll feeders. Here's what it says on software patents:

Winners in the last decade’s software boom have abided by the misconception that software cannot be patented. Rare is the Canadian business guru who espouses the importance of IP.


It's not really a misconception and that has nothing to do with "IP" -- whatever that even means (not patent law).

All in all, what we're seeing here is a bunch of patent profiteers from Canada trying to interject software patents into the national agenda, seeing that their government has begun asking some tough questions about trolls.

Recent Techrights' Posts

Windows is an Unnatural Disaster, It is Also Avoidable
there's a wide window of opportunity opening
Killing the News With Spam and Slop Benefits Those Whose Desire is an Uninformed Population
adoption of Free software depends indirectly on political activities/activism
Open Source Initiative (OSI) Privacy Fiasco in Detail: An Introduction
Perhaps tomorrow or perhaps next week we'll share more information about what happened and what was reported to the California Privacy Protection Agency
IBM's BS (Bait, Switch) Regarding Ways to Stay Onboard
PIPs, RTOs, and forced relocations are just an illusion of choice (or ability to recover)
Banned evidence: Ars Technica forums censored email predicting DebConf23 death, Abraham Raji & Debian cover-up
Reprinted with permission from Daniel Pocock
Intimidation, Threats, and Bullying Not Tolerated by Techrights
When it comes to our reporting, safety always comes first
 
Judges Would Never Rule for Men Who Strangle Women or Against Women Who Merely Wrote Articles About Abuse They Had Received From Men
We don't intend to do "trial by media", so we won't be disclosing claims and defences until it's over
Gemini Links 29/03/2025: Less YouTube and More Station
Links for the day
In Some Countries, Such as Thailand, Firefox is Already Measured at Less Than 2% (One Day Firefox Will Get Blocked, Not Only Lack Support)
Web consolidation around Chrom-isms will doom the Web as we know it
Links 29/03/2025: Trademarks Battles, Fires Destroy More Than 3,000 South Korean Homes
Links for the day
Links 29/03/2025: More Crackdowns on Science, "Hey Hi" Slopping is Flopping
Links for the day
Costa Rica Almost Bankrupt Because of Microsoft
the incidents in Costa Rica are Windows incidents
Gemini Links 29/03/2025: Art of Looking, Wireguard, EMacs
Links for the day
Links 29/03/2025: Attacks on Social Security and War Updates
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 28, 2025
IRC logs for Friday, March 28, 2025
A World Without Rules
We're long insisted on better laws and actual enforcement of them (applicable to all, not selectively applied)
statCounter Sees Microsoft Windows Falling to New, Unprecedented Lows in Palau
Taking Android into account, Windows is now down to an all-time low of 14%
Google News Lost the Fight to LLM Slop (While Google Itself Sells Slop, Nowadays Under the Name "Gemini")
Many people say that "Google is getting worse"; that's almost an understatement
Links 28/03/2025: AirAsia Trouble Again, UMich Culls All DEI Programs
Links for the day
Gemini Links 28/03/2025: Alexa is for Gullible People, Rant About Feature Overload
Links for the day
The SLAPPs From the Microsoft Strangler (and Sidekick) No Better Than Patent Trolling
one must never settle with trolls
Something to Celebrate in Gemini Protocol
More capsules and users join in
Links 28/03/2025: Last Reminder "to Delete Your 23andMe Data", "UK's First Permanent Facial Recognition Cameras Installed"
Links for the day
Microsoft Canonical Continues Its FUD (Fear, Uncertainty, Doubt) Campaign, Reveals Google Too Sponsored It
They're paid-for lies from a Chinese company that takes GAFAM money to write puff pieces about them
Android Rises Above 76% in Mozambique, Leaving Windows in the Dust
Windows may soon be measured as smaller than Apple's iOS
IBM, Red Hat and Microsoft Probably Also Manipulate Metrics (It Helps Con the Shareholders)
Wall Street's credibility will depend on enforcement of "checks and balances"
Slopwatch: trendhunter.com and Other Pure Junk From "Google News"
The need to vet sources is hardly new; anyone can spew out anything, anywhere. There's a need for vetting.
Gemini Links 28/03/2025: Rewatching The X-Files, Slop Concerns, and NOSTR Censorship
Links for the day
Links 28/03/2025: Australia at Risk, EPO Grants Illegal Patents With Illegal Effect
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 27, 2025
IRC logs for Thursday, March 27, 2025
Links 27/03/2025: Obituary to a Shop, Russia Trying to Buy Time
Links for the day
Links 27/03/2025: Slop, Autosuggestions, and Nostr
Links for the day
Apparently Confirmed: IBM Layoffs in Canada Today, Hundreds Affected
Impacting "177 people", says one person, "in Ottawa"
When Windows Was Dominant (1990s) Browser Monopoly Meant MSIE, But Now Google Android is Dominant and the Web in a 'Webapps' Era Works With (or Is Designed for) Chrome-isms
We've been there before
Slopwatch: BetaNews, LinuxSecurity.com, and the Attack on Web Search Using Fake and Likely Plagiarised Pages
Changing a few words here and there won't change the fact that it's not properly authored
Links 27/03/2025: U.S. Honeybee Deaths Reach Record High, Legal Occupation Next in Line After War on Science
Links for the day
Using Courts for 'Revenge' is Always a Losing Strategy
Trying to cause someone you dislike to spend a lot of money
IBM CFO James Kavanaugh Refers to Firing of Almost 10,000 Americans as "Workforce Rebalancing" (Shifting IBM's Centre of Balance to Low-salary Contracts/Countries)
The scale of IBM layoffs is getting too large to evade WARN Notices
[Video] Dr. Richard Stallman's Keynote Speech in Kerala Finally Uploaded
In non-free format and proprietary YouTube, but perhaps that's better than nothing
Islands Are Leaving Microsoft Behind, According to statCounter
Android has had a very strong year
EPO Management Fails to Deny That the Office is Discriminating Against Women
Europe's second-largest institution isn't just exceedingly corrupt but also immoral
In Some Countries the Market Share of Vista 11 is Going Down, Not Up
despite being released in 2021
Rumour: Mass Layoffs in IBM Canada Today
Maybe later today some people from Canada will say something firmer and maybe some media will even talk about that
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 26, 2025
IRC logs for Wednesday, March 26, 2025
Gemini Links 27/03/2025: X-Files' "Kill Switch", Orlando, and ASN (Autonomous System Number) 'Hack'
Links for the day