This post was contributed by Matthew Marquardt, Partner, Norton Rose Canada LLP and Laura Johnson, Associate, Norton Rose Canada LLP

“Business method” patents remain a hot topic in business and legal circles, yet are still too often overlooked – particularly in contexts such as M&A.

As recently as 2011, the Federal Court of Appeal in Canada affirmed that business methods are patentable, quashing the rejection by the Commissioner of Patents of the now infamous ‘one-click’ patent on the basis that the claimed invention was a business method – and therefore not patentable subject matter.  Although that decision, … Continue Reading