News
May be sign of things to comeThe Canadian Patent Office (CPO) has recently changed its position regarding the patentability of electromagnetic and acoustic signals, in a move that may be a sign it is further limiting its view of what new technologies embody patentable subject matter. "The CPO has stated that electromagnetic and acoustic signals are forms of energy, do not contain matter and therefore do not constitute patentable subject matter. Further, the Patent Office elaborates that signals are not encompassed by the existing categories of patentable subject matter," says Robert H. Wilkes, an attorney with the intellectual property law firm Ridout & Maybee LLP (Toronto). Signal claims have been used, in conjunction with process and apparatus methods, for claiming subject matter and protecting software and related inventions. "It is therefore disconcerting that the CPO may limit the use of signal claims as a potential tool to cite against infringing parties, especially those that may operate or take advantage of signals in only a portion of the transmit and receive path, and absent the claimed method or apparatus," says Wilkes. He notes that the U.S. Patent Office has also recently moved to limit signal claims, and the recent case In Re Petrus ACM Nuijten supported this position; although there is a strong dissenting opinion that provides some hope to patent professionals. Wilkes is available to write an article outlining the changes in Canada regarding signal claims, what inventors need to know, and the strategies they should employ in light of the new situation. [02/14/2008]
Channel: Jaffe Legal News Service - Articles for Publication
| Copyright © 2004-2006 AskQ | Web Hosting by cHosting.com |