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

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
The World Needs GNU/Linux for Security, Turn Off "Secure Boot" (It's the Opposite of Security)
They call it "Secure Boot", but what does it mean to say "Secure" when you actively opt for back doors controlled by Microsoft, the FBI, and many more parties?
In Signal of Weakness or Phasing Out XBox (Not Sustainable, According to the CEO) Microsoft "Pauses New Third-Party Game Pass Deals"
Moments ago
Two Pieces About "AI" This Morning Were Paid-For SPAM at The Register MS
The Register MS is the "Tech News" publisher you can pay to promote your company and even key-word-stuff pages for SEO purposes
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026