Patentability of Signals in Canada

• Main Author: Kraemer, Damian
• Other Authors: Katz, Ariel
• Language: en_ca
• Published: 2010
• Subjects: patentable subject matter; signal; 0398
• Online Access: http://hdl.handle.net/1807/25739

This paper addresses the question of whether the patentability of signals is compatible with the law in Canada and attempts to develop a test for use in determining when a signal should be considered patentable subject matter. The hard-line position of the Canadian Intellectual Property Office, that signals are not patentable, is shown not to be supported in law. Canada’s domestic law is, in fact, compatible with the patentability of signals. Lessons are drawn from Europe, where signals are patentable and the United States, where they are not. Various international treaties are also examined for possible obligations concerning signals. Finally, an attempt is made to formulate a workable test for the patentability of signals that is compatible with Canadian legislation and case law.