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Record W1486741088

The Patentability of Professional Skills and Business Methods in Canada

2010· article· en· W1486741088 on OpenAlexaboutno aff
Emir Crowne

Bibliographic record

VenueSSRN Electronic Journal · 2010
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicIntellectual Property and Patents
Canadian institutionsnot available
Fundersnot available
KeywordsPatentabilityPatentable subject matterStatuteDenialDeferenceSubject matterSubject (documents)Interpretation (philosophy)Patent applicationLawLaw and economicsPolitical scienceEngineering ethicsEngineeringSociologyIntellectual propertyPatent lawPsychologyComputer science
DOInot available

Abstract

fetched live from OpenAlex

Any invention under the Patent Act must therefore notionally fit or improve upon one of these five categories. However, judicial activism has led to the denial of many new, inventive, and useful patents on the ground that certain categories of ‘invention’ do not fall within any of them. Professional skills, business methods, and methods of medical treatment have all been excluded on this basis.However, broad categorical exclusions of patentable subject matter by the courts defeat the underlying purposes of the patent system by foreclosing entire avenues of progress ab initio. If subject matter can be made to fit within definition of invention, the courts should aim to ‘breathe life’ into the bare, and sometimes dated, words of the patent statute. Patent statutes are drafted with a view to the unforeseen; any judicial interpretation of the word ‘invention’ must give deference to this vision.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Observational · Consensus signal: Observational
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.462
Threshold uncertainty score0.581

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0030.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.024
GPT teacher head0.253
Teacher spread0.229 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designObservational
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2010
Admission routes1
Has abstractyes

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