Intellectual Property Law

Standard setting antitrust investigation dropped; Canada rejects business method patents

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

Forbes reports that Rambus and the European Commission have reached an agreement that will see the Commission dropping its antitrust probe into Rambus. The investigation has considered whether Rambus abused its dominant position by setting overly-high royalties for licensing DRAM patents that it was alleged were fraudulently set as industry standards. In return, Rambus will cap certain licence fees for 5 years and will ensure any fee cuts benefit the whole market. The agreement still needs the approval of other industry players.

Had this gone the whole way, the IPKat wouldn't have envied the Commission in trying to figure out what 'excessive royalties' are in this situation.

Canada rejects business method patents

Meanwhile, the Inquirer reports that the Canadian Patent Appeals Board has said a firm no to business method patents. Speaking in an appeal against a decision to refuse the registration of Amazon's One-Click method for buying goods online the Board said:

"since patenting business methods would involve a radical departure from the traditional patent regime, and since the patentability of such methods is a highly contentious matter, clear and unequivocal legislation is required for business methods to be patentable."

The IPKat is no fan of providing patent protection for anything as fundamental as business methods and welcomes the decision.

Full post as published by IPKat on June 12, 2009 (boomark / email).