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

Slop is "just a hobby, won't be big and professional like GNU."
What Torvalds says about "hey hi" ("AI") does not prove he is in charge
Intercontinental Brigading - Part VI - Racism Against Blacks
Systems don't always work as intended
 
UbuntuBuzz is LLM Slop
Tragic
"Assisted by NSA" and "It's Just a Tool" (So Fine!)
Free software is meant to be produced by people who value and pursue Software Freedom
Gemini Links 18/10/2026: Movies, Greenland, and Detectors of Slop Plagiarism
Links for the day
Links 18/10/2026: TikTok Censors Criticism of MElon, "Trump’s Latest Attempt to Be the King", and "Big Tech Oligarchs Have a Terrible Plan for Humanity"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 17, 2026
IRC logs for Saturday, October 17, 2026
Gemini Links 17/10/2026: Big Glowing Advertising Screens, Busy October, and Art
Links for the day
The First Casualty: The Reputation of Linux Developers (and of Linux)
The last thing you can take from a person is pride
Links 17/10/2026: Europe Divorcing US President Putin (Kompromat), MElon and Kapo-berg ("Meta") Buying US Elections Again
Links for the day
GAFAM LLMs Seem to be Causing Veteran, Experienced Linux Developers to Quit, Only to be Replaced With GAFAM Bots and Unaudited Slopfest 'Code'
Better than 'pulling a SCO'?
30 Years of KDE and "Project Banana"
KDE recently turned 30 (many blog posts about it this past week)
Inevitable Things
"Bitbucket was Inevitable"
Andy's Passing Thoughts on Media Dying, Not Reporting News (Even Critical News About Itself)
No more news
Stallman Was Right About Torvalds
The crowd/audience Linus Torvalds panders to is paid by GAFAM to go attend and dominate (speak at) LF events. They're people whose employer forces them to use slop, it's inorganic.
Links 17/10/2026: "Why Math Dumped OpenAI", US Third Circuit Has Confirmed LLMs and Other Slop Constitute Plagiarism or Copyright Infringement
Links for the day
GPL Was Right (About Hoarding, Now Automated With Plagiarism Blenders)
Some time next year the UK's High Court might listen to arguments related to this
Microsoft Allegedly Asks Many Workers to Leave at the End of This Year (or Get the Boot), It's Called Voluntary Exit Program a.k.a. Voluntary Early Retirement Program (or VEP) Even for People Far Too Young to Retire
"Everyone at Microsoft knows what those acronyms mean."
The Torvalds-led Slopfest as a Reminder to Pursue Software Freedom, Not Plagiarism Endorsed (for Money) by 'Linux' Foundation
What's happening this month moreover proves that he is not in control of important decisions in his project
Why We Never Got Back to IPFS
Practically speaking, we could get back to IPFS any time
Trillions of Dollars in Debt Are Not "Investment", More People Realise This Now
"Investors started offloading shares on Wednesday in response to an X post about the debt load of CoreWeave Inc..."
Red Hat Silent Layoffs: October 1 Bluewashing, Then Leaving IBM Altogether
It's said that weeks from now there will be another "round" (of "RAs")
Gemini Links 16/10/2026: Metrovision, Smartwatches, and Rekindled Love for Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 16, 2026
IRC logs for Friday, October 16, 2026
Intercontinental Brigading - Part V - Keeping Linux Under Users' Control, Not Microsoft's (NSA) Control, Leads to Weaponisation of Cops (Killing the Messengers)
Transatlantic lawfare
TeamBlind Accused of Censorship, Maybe Surveillance in the Future
It's expensive to protect whistleblowers and to resist censorship of what whistleblowers try to expose
Another Friday 'Litter' of IBM Workers, Discarded and Sometimes Replaced to Cut Costs
The little that IBM earns is spent buying companies to pretend there's "growth" and headcount stability
Gemini Links 16/10/2026: Carrie, Games, and Slop
Links for the day
Links 16/10/2026: Election Interference by Slop; White House Backs Russia, Not Ukraine
Links for the day
The Register MS Has New 'Article' That Has "AI" 20 Times. "SPONSORED POST" As Usual.
At the end, both the media and the pyramid scheme will collapse
UK's Competition and Markets Authority (CMA) Says Microsoft is Still Abusive
Today, ahead of the latest fake 'results' [...] Microsoft cheats the system everywhere it can
Links 16/10/2026: "Data Centers Are Driving Conservative Rural Voters to The Democratic Party En Masse" and Slop Bros Bribe Candidates "for Congress"
Links for the day
Deplatforming People You Disagree With Is a Losing Strategy
Trying to deplatform people you don't agree with is oppressive and petty
Microsoft Cannot Pay Salaries
Microsoft is deep in debt
IBM "support that is USA based will migrate over 4 years to Indian based just because it lowers costs substantially."
IBM is not capable of growing, so it tries to find ways to shave off costs
Gemini Links 16/10/2026: Publishing and Licensing, Going to Movies, and Nature/Seasons Change
Links for the day
Microsoft's OSI Calling Slop "Open Source AI" (Microsoft Paid OSI to Do This) Has Helped Associate "Open Source" With Pedophilia
Microsoft deflecting?
Fridges Do Not Need an Internet Connection
Keep it simple, stupid (KISS)
Wikileaks Still Matters
The world needs more sites like these
'Cocaine King' Campinos Should 'Get the Message', Pack Up His Things and Go Already
His staff is constantly on strike and engaged in various industrial actions
We Don't Do Slop
People tend to appreciate genuine work, not fakes
On Lying With Confidence
LLMs are hype
Market Share of Windows in the United Kingdom is Shockingly Low
Microsoft's losses are very profound
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 15, 2026
IRC logs for Thursday, October 15, 2026
Microsoft Can Barely Afford to Colonise Africa Any Longer (Too Much Debt)
"Before the announcement, former Microsoft employees publicly described staff being placed on performance improvement plans or offered “voluntary” exits."
Intercontinental Brigading - Part IV - Harassment Registered With the Police Before Projection Attempts Made From America
The thing one gets subjected to for opposing back doors in Linux
Gemini Links 16/10/2026: Dogs, Slop, and Blogging
Links for the day