Skip to content

Canada's Business and Tech Newsroom

  • Professional Subscription
  • Partnerships & Advertising
  • Licensing & Syndication
Log In Subscribe
Welcome,
  • My Account
  • Log Out
  • Business
  • Tech
  • National
  • The Big Read
  • Briefings
  • Commentary
Search
Log In Subscribe
Welcome,
  • My Account
  • Log Out
Exclusive

Shopify traditionally hasn’t bothered patenting its intellectual property—but it seems to be changing its strategy

Shopify is looking to patent cloud, package processing and retail sensor technology as the e-commerce firm continues to expand its real-world services, including a billion-dollar push into logistics.

The Ottawa-based firm, which reports fourth-quarter earnings Wednesday, has historically shown little interest in patenting its innovations. But following its largest-ever acquisition and a deal with an American telecommunications giant, Shopify and its subsidiaries now hold at least four U.S. patents with another half a dozen applications outstanding. The company is also adding to its small in-house IP team as it expands into new lines of business where the ownership of intellectual property could prove more valuable.

Exclusive

Shopify traditionally hasn’t bothered patenting its intellectual property—but it seems to be changing its strategy

By Murad Hemmadi and Fatima Syed
Shopify CEO Tobias Lutke participates in the company's Annual General Meeting of Shareholders in Ottawa on Wednesday, May 29, 2019. Photo: THE CANADIAN PRESS/Justin Tang
Feb 10, 2020
A A
A Small A Medium A Large
Share

Gift

Share

Shopify is looking to patent cloud, package processing and retail sensor technology as the e-commerce firm continues to expand its real-world services, including a billion-dollar push into logistics.

The Ottawa-based firm, which reports fourth-quarter earnings Wednesday, has historically shown little interest in patenting its innovations. But following its largest-ever acquisition and a deal with an American telecommunications giant, Shopify and its subsidiaries now hold at least four U.S. patents with another half a dozen applications outstanding. The company is also adding to its small in-house IP team as it expands into new lines of business where the ownership of intellectual property could prove more valuable.

Talking Point

Shopify is looking to patent cloud, package processing and retail sensor technology, among at least half a dozen applications the firm has filed or acquired. The e-commerce company had amassed few IP assets before last year, but as it expands into real-world fulfillment it’s changing its strategy via a combination of corporate deals and in-house innovation.

Shopify’s IP efforts are a recent development. Building a patent portfolio ensures rivals can’t simply replicate a company’s successful ideas, and allows it to generate licensing revenues in addition to its core business. Patents can also become bargaining chips if a company is sued for IP violations, allowing it to threaten counter-suits using its own patents. 

The risk disclosures in Shopify’s 2019 annual report state that it held “no issued patents and thus would not be entitled to exclude or prevent our competitors from using our proprietary technology, methods and processes to the extent independently developed by our competitors.” It warned that the software industry is filled with patents, as well as IP claims and litigation. (The company did not respond to repeated requests for comment for this story.) 

But in September 2019, the firm announced it was buying warehouse robotics startup 6 River Systems for US$450 million, its largest acquisition to date. The new subsidiary is intended to help with Shopify’s initial US$1 billion, five-year plan to take over shipping and delivery for its merchants by setting up a network of logistics centres and developing AI inventory-forecasting tools.

6 River has at least four U.S. Patent and Trademark Office (USPTO) patent grants and one outstanding application, the World Intellectual Property Organization’s database shows. They cover components of its warehouse automation systems, which the filings say reduce the time a worker  “spends restocking, picking, counting, sorting, moving, and packing product into customer orders and shipments.” 

For Shopify, “I would be most concerned about Amazon’s 10,000-plus [patent] portfolio coming after you, and how much you’re going to have to pay for that,” said Jim Hinton, a patent lawyer and founder of Own Innovation. He noted that the U.S. e-commerce giant is consistently among the top 50 patent-filers in the world. 

Shopify CEO Tobi Lütke has repeatedly insisted that he doesn’t see Amazon as a competitor, and the two firms’ tech is integrated to allow Shopify merchants to sell through Amazon’s marketplace. But the Shopify fulfillment network’s two-day delivery goal makes it an alternative to market leader Amazon Prime, and the U.S. firm has filed several robotics patents since acquiring startup Kiva Systems for US$775 million in 2012.

Ross MacMillan, a stock analyst at asset-management firm T. Rowe Price, said Shopify’s increased IP activity makes sense as it expands its fulfillment efforts. “In pure software, where patents exist, they tend not be particularly powerful because they tend to be narrowly defined, and you can usually find a way around,” he said. “However, in the world of physical goods and processes, that may be more difficult.” Shopify’s applications could be an extension of acquiring a business with an existing patent portfolio. 

The fulfillment network will be a “massively influential component of incremental revenue growth over the next few years,” MacMillan said, noting that the service will have a very high “take rate”—the share of the value of a merchant’s transaction that Shopify collects—compared to many of the firm’s other lines of revenue. Shipping and delivery fees could make up as much as $8 or $9 on an average $70-to-$80 order, a significantly higher percentage than the US$1.07 billion in overall revenue Shopify made on US$41.1 billion worth of merchant sales in 2019. 

The firm filed three patent applications over a two-week period in June and July 2019. The innovations outlined include a new system for authorizing package deliveries and cancelling a drop-off if information provided by the sender and recipient doesn’t match, as well as new cloud technology to better handle “services that are delivered in real-time or near real-time.”

Dallas-headquartered AT&T’s intellectual property subsidiary assigned those applications—as well as six others—to Shopify in June 2019, USPTO filings show. 

An AT&T spokesperson told The Logic the company does not comment on patents. 

Shopify’s two delivery-focused patent applications state that there’s no current system for figuring out whether or not a package is expected and legitimate. The documents point to events like “mailing of anthrax to government officials and news agencies” as a source of public concern over postal safety, but note that online shopping will increase demand for delivery.

Chris Silvestre, an analyst at Toronto-based Veritas Investment Research, believes the cloud service is likely an attempt by Shopify to make its own data-hosting and -storage requirements more efficient and less costly rather than something that would be offered to its clients. “They don’t have the capital to build something like this to scale,” he said, noting that cloud technology can be an expensive endeavour for a large e-commerce company. While Silvestre said the firm is financially well positioned with over US$2 billion in cash on hand, he noted that the firm has budgeted US$1 billion for the shipping and fulfillment plan.

A fourth Shopify patent application, for a system for “capturing transactional context” from a point-of-sale device and sensors placed around a retail location, appears to have been generated through in-house innovation. Filed in December 2018, it lists current Shopify employees as inventors. 

The company is “late to the party but at least ready to party,” said Hinton, citing the AT&T deal as a positive sign. “My impression is that they’re going to be generating more as well, given they’ve brought on a couple of patent people.”

Gift the full article

Shopify has indeed staffed up its patent team. Robert Guay, a former IP executive at Bombardier, BlackBerry and Huawei, joined as senior counsel for intellectual property in April 2018, according to his LinkedIn profile; the professional network also shows the firm has at least four other IP specialists on staff. Ryan Hubbard arrived in August 2019 as senior counsel for IP litigation from Kirkland & Ellis LLP, one of the biggest law firms in the U.S.

The firm is looking to add to those ranks. An opening for a patent attorney and agent to be based in Ottawa closed in late January. “Shopify’s IP Team is a small but growing part of our broader Legal Team,” the posting noted, adding that the company has a “growing IP portfolio” to manage. The new hire’s task is to help “capture the amazing ideas developed at Shopify.” 

Continue the conversation on The Logic Council, our subscriber-only Slack channel.

#AT&T #cloud #Google #intellectual property #Shopify

Sponsored Content

How to shift your workforce from AI experimentation to adoption

By Jessica Aftimus Rosa

The real-world economic offshoots of sovereign AI

By Deborah Aarts
Illustration of a plane flying above a mailbox

Increasing healthcare access across Canada

By Deborah Aarts
Paid promotional content

Loading...

Thanks for sharing!

You have shared 5 articles this month and reached the maximum amount of shares available.

Close
This account has reached its share limit.

If you would like to purchase a sharing license please contact The Logic support at [email protected].

Close
Want to share this article?

Upgrade to all-access now

Close
Gift the full article!

You have gifted 0 article(s) this month and have 5 remaining.

Copy link and gift
Copy Link
Email to a friend
Send Email
Gift on Social Media

Recipients will be able to read the full text of the article after submitting their email address. They will not have access to other articles or subscriber benefits.

Photo: THE CANADIAN PRESS/Justin Tang

Most Popular This Week

People stand in large room split into several aisles by banners promoting startups. A video screen on the back wall has the logo for the CDL Super Session on it.
News

The Creative Destruction Lab is using data to reveal what makes startups successful

By Murad Hemmadi
Close-up of a red American roadside call box marked “Made in the U.S.A.,” with a blurred semi-truck approaching on Gordie Howe International Bridge.
News

U.S. industry leaders plead for truce as tariff fight escalates

By Anita Balakrishnan
Exterior of a University of Toronto building
News

Canadian universities are still struggling to commercialize their research, new data shows

By Catherine McIntyre
An aerial shot of a massive factory complex with a sprawling parking lot in the foreground. There are rows of vans and pickups in the lot.
News

Automakers warn Trump’s 50% tariffs would be ‘devastating’

By Joanna Smith

In-depth, agenda-setting reporting

Great journalism delivered straight to your inbox.

A row of school children at computers wearing brightly coloured headphones.
Subscriber Survey

Half of you think AI tools belong in the classroom

By Leila El Shennawy

Briefing

Barton appointed chair of Canada investment agency as it takes a bigger role in luring capital

By Chaimae Chouiekh   |   Aug 31, 2026 | 4:44 PM ET

Invest in Canada CEO resigns in run-up to international investment summit

By Chaimae Chouiekh   |   Aug 31, 2026 | 3:54 PM ET

GM to invest about $360M more in Canada and return Sierra truck production to Oshawa

By Joanna Smith   |   Aug 31, 2026 | 3:51 PM ET

Best business newsletter in Canada

Get up to speed in minutes with insights and analysis on the most important stories of the day, every weekday.

Exclusive events

See the bigger picture with reporters and industry experts in subscriber-exclusive events.

Membership in The Logic Council

Membership provides access to our popular Slack channel, participation in subscriber surveys and invitations to exclusive events with our journalists and special guests.

Recent Popular Stories

News

Canadian investors are dumping U.S. government debt for American corporate bonds

By Chaimae Chouiekh   |   Aug 24, 2026
An image of tall buildings against a cloudy blue sky.
News

Canadian universities are still struggling to commercialize their research, new data shows

By Catherine McIntyre   |   Aug 25, 2026
Exterior of a University of Toronto building
Commentary

Carmichael: America’s wobbly bonds are Canada’s advantage in the trade war. Here’s why

By Kevin Carmichael   |   Aug 24, 2026
A photo of Mark Carney on his way into a news conference, trailed by Dominic LeBlanc. There is a row of Canadian flags on stands behind the lectern Carney is approaching.
News

Xanadu gets $195M from federal government to build a quantum computer factory in Toronto

By Murad Hemmadi   |   Aug 28, 2026
Christian Weedbrook stands in a vacant warehouse next to a Canadian flag at a podium labelled for the Strategic Response Fund.
News

Thomson Reuters launches its own AI model to reduce reliance on big tech

By Anita Balakrishnan   |   Aug 24, 2026
News

U.S. industry leaders plead for truce as tariff fight escalates

By Anita Balakrishnan   |   Aug 26, 2026
Close-up of a red American roadside call box marked “Made in the U.S.A.,” with a blurred semi-truck approaching on Gordie Howe International Bridge.

Canada's most influential executives and policymakers are reading The Logic

  • CPP Investments
  • Sun Life Financial
  • C100
  • Amazon
  • Telus
  • Mastercard
  • bdc
  • Shopify
  • Rogers
  • RBC
  • General Motors
  • MaRS
  • Government of Canada
  • Uber
  • Loblaw Companies Limited
logic-logo

Canada's Business and Tech Newsroom

100% human-crafted journalism

Newsroom

  • News Tips
  • AI Policy
  • Editorial Disclosures
  • Story Pitches

Company

  • About Us
  • Terms of Service
  • Privacy Statement
  • Corporate Information

Contact

  • Contact Us
  • Advertise
  • FAQs
  • Work at The Logic

© 2026 The Logic Inc. All Rights Reserved.

Trusted by leaders

Error

Account creation failed.

Please email us at [email protected].

Create Account

[wppb-register form_name=”cozmo-registration-form-for-modal”]

I do have an account
Login
or

[wppb-login]

I don’t have an account