Canadian Lawyer

w w w . c a n a d i a n l a w y e r m a g . c o m S E P T E M B E R 2 0 1 8 53 Sponsored by number of essential elements in a novel combination." A first step still remains to identify what makes a technolo- gy different and desirable com- pared to your competitors and how these characteristics can be translated into subject matter that can be precisely described and patentable. For example, by digging behind the algorithmic aspects of an invention and into its electromechanical features; or, in the case of software appli- cations such as those frequently found in smartphones, deeper than the algorithmic treat- ment of information into the concrete actions performed on starting data to effectively obtain end transformed data by relating robots and their way of processing information, such as needed for the robots to learn new skills. For instance, in the car industry, how can you relate your innovations in artificial intelligence to mapping, sen- sors and connectivity? As in any other field, one must consider whether the invention is also non-obvious and if it is worth patenting considering the company's strategic goals, and the shelf life of the innovative features in light of a rapidly evolving technology. A careful review of the prior art to identify pat- entable subject matter, as well as of the company's overall business, development and IP strategy are required. Despite a number of caveats, a review of patent opportunities should be done in a compre- hensive IP strategy planning to optimize the commercial value of digital technologies. C opyrights are important for source codes and compiled data protection, as well as graphic design and video in the case of apps. In addition, apps names and logos may be protected by trademarks, and icons by design registrations. Trade secrets may keep exclusivity of at least core parts of the technology. There may also be opportunities to patent inven- tions arising from the now ubiquitous digital tech- nologies. However, what is eligible for patent protec- tion today in these fields is still not clear and varies depending on the countries. In the important US market, the Supreme Court decision Alice Corp. v. CLS Bank International acknowl- edged that applying abstract concepts in the IT envi- ronment will not suffice to transform such concepts into patentable items. In Canada, as laid down by the Federal Court of Appeal in Schlumberger Canada Ltd. v. Canada (Com- missioner of Patents) and more recently in Canada (Attorney General) v. Amazon.com, Inc., a data-pro- cessing technique may be patentable if it is "one of a by Eric Lavallee, Associate, trademark agent and head of Lavery's Legal Lab on Artificial Intelligence (L 3 AI), and Gwendoline Bruneau, Ph.D., Patent Agent, Lavery Lawyers Patent and Business Opportunities in the World of Digital Technologies "There may also be opportunities to patent inventions arising from the now ubiquitous digital technologies" Lavery Lawyers recently announced that Goudreau Gage Dubuc (GGD), one of the leading intellectual property firms in Canada, was joining the firm in order to offer their clients a complete range of legal services.

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