Software patents under Canadian patent law

Neither computers nor software are specifically mentioned in the Canadian Patent Act.[1] Canadian courts have held that the use of a computer in an invention neither lends, nor reduces patentability. Therefore, that an invention involves a computer is not determinative of patentability; instead, whether a computer-using invention is patentable turns on whether that invention meets the general requirements for patentability as would apply to any invention.

  1. ^ Patent Act, RSC 1985, c P-4

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