The battle over patentability of software and business-methods is continuing in both Canada and the US.  In the US, the Bilski case and its “machine-or-transformation” test is currently undergoing review at the Supreme Court level. Earlier this month the Free Software Foundation (FSF) and Red Hat each submitted amicus curiae briefs in support of the proposition that software is not patentable.  Briefs have been filed by Yahoo, IBM, the Business Software Alliance and dozens of others.  A decision is expected sometime in 2010.

In Canada, the Commissioner of Patents refused Amazon’s Patent Application No. 2,246,933 covering Amazon’s so-called “one-click” e-commerce patent.  Amazon is now appealling to the Federal Court.  This case will be closely watched to clarify the Canadian position on patentability of software and business-method patents.

Related Reading: Update: Business Method Patents , and USPTO Publishes Interim Guidelines for Subject Matter Eligibility

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