The patent is one of the most interesting forms of intellectual property available because it protects the functional aspects of an invention, as opposed to copyright which only protects forms of expression. Unfortunately, in the past and still nowadays. There is a strong reluctance to recognize the patentability of software products given their algorithmic and mathematical aspects. Furthermore, the courts have contributed to increase the degree of uncertainty on the subject. Many business people have therefore taken for granted that software is not patentable.
Experience shows that the practice varies from country to country.
In Canada, according to the most recent guidelines issued by the Canadian Patent Office, the presence of a programmed general purpose computer or a program for such computer does not lend patentability to, nor subtract patentability from, an apparatus or process. In other words, to harbour patentable subject matter, the computer-related matter must be integrated with another practical system that falls within an area which is traditionally patentable. The current Canadian practice is thus unfavourable to the patentability of software products. It is nevertheless important to verify whether the software does not hide a process that falls within the traditional patentability standards. In the United States, the practice tends to consider software as a manufactured article or a product, two types of subject matter recognized as being potentially patentable under US patent law.