Bonum Certa Men Certa

Software Patents in Canada Not Dead Yet

Canadian flag



Summary: Canada's patent status quo increasingly like that of the United States and Canadian giants like BlackBerry now pose a threat to software developers

THE case of i4i was a reminder of the fact that Canada is not a software patents-free zone. There is actually evidence to the contrary and also a new article in patent lawyers-leaning press about the subject (see "Computer And Software Related Innovation – Is There A Rationale For Filing Software Patent Applications In Canada?"). It serves to show that Canada more or less follows the neighbours to the south (not the UK or France, which also have profound impact on Canadian politics), especially when it comes to patent practices. This includes patents on software, genetics, etc. These breeds of patents, which originate from rulings in the US, are spreading to other nations including Canada [via], despite the severe implications for practitioners, let alone public interests. To quote The Star:



Canadian courts have not yet ruled on whether genes can be patented. A lawsuit filed Monday over cardiac disorder Long QT aims to clear that up.


In recent years we became increasingly worried about a Canada-based company that had joined Rockstar (Apple- and Microsoft-backed, against Linux/Android) and it is now turning into a patent troll. We are talking about BlackBerry here as "the company also owns a stake in Rockstar – which may itself come up for sale in the near future, based on recent events."

"Software patents are not only a threat to Free/libre software but to all software developers, except conglomerates that are essentially business entities."BlackBerry's transformation into patent troll has been covered here before and there is a chance that negative publicity will discourage it from attacking FOSS (as it already seems to be heading in that direction).

The bottom line is, Canada -- like many Five Eyes nations -- is silently a supporter of software patents. Our Canadian readers need to contact their politicians in an effort to change that. Software patents are not only a threat to Free/libre software but to all software developers, except conglomerates that are essentially business entities.

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