U.S. business method patents may open the door for Canada

People are waiting to hear the outcome of a recent appeal case the U.S. involving business method patents. The hurdle that all patent applications for business methods must overcome is the requirement (in the U.S.) that the invention be related to a machine, or create or transform a piece of matter. For patents that don’t involve technology, this can be an impossible standard to meet.

For over a decade, a fellow named Bernie Bilski has been trying to patent a method he’s devised to manage risk and make money trading in commodities. I’ve read about what the process is supposed to do, and it’s definitely obscure. There is no software or other technology involved in his process and it doesn’t produce anything physical. The argument lawyers are making in Bilski is that as long as the method produces something that is useful, concrete & tangible, the process can be patented. It’s up to the court to decide if this is enough. 

Only recently in Canada have the guidelines for the Patent Office allowed for the possibility of business method patents. I say possibility because, to date, no business method patents have been granted in Canada.

Considering the value of a patent, it’s not surprising that many business owners are anxious to see what the decision in Bilski will be.