The nature, patentability and value of patents for computer-implemented business method inventions in the UK and Canada

Abstract

This article asks to what extent inventions of methods for conducting business using computing technology are considered patent-eligible subject matter and whether such patents fulfil the patent bargain. Part I summarizes the characteristics of computerimplemented business method inventions (CIBMIs), the policy rationales underlying their exclusion or inclusion as patentable subject matter and concerns respecting the quality of patents of this nature. Part II provides an in-depth discussion of the inherent patentability of CIBMIs through a comparative analysis of the legal frameworks of Canada and the UK with respect to the eligibility of such inventions under each respective patent system (with some exploration of the EU and US approaches for greater context). Part III discusses the validity of public policy concerns resulting from the issuance of CIBMI patents, including their impact on the market and on innovation, with reference to Canadian e-commerce company, Shopify Inc., as an illustrative and anecdotal example.