On November 15, 2010, the Attorney General of Canada and Canada's Commissioner of Patents filed a Notice of Appeal in Canada's Federal Court of Appeal in a case involving the patentability of Amazon's "One-Click" invention. If the Court of Appeal overturns the earlier decision, it could make Canada's patent law diverge from U.S. patent law regarding the patentability of some (or potentially all) software.
Earlier this year, I wrote that the U.S. Supreme Court ruled that Bilski's claims were abstract, and that abstract claims are unpatentable under 35 U.S.C. § 101. According to the Federal Circuit in Research Corp. Tech. v. Microsoft Corp., software-related claims are not abstract.
Continue Reading...Some patent applicants file a provisional patent application to defer filing a non-provisional patent application for up to a year. Yesterday, the United States Patent and Trademark Office (USPTO) announced a new pilot program to defer prosecution (and payment of some fees) for the non-provisional patent application by up to a second year.
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