Amazon files brief to Federal Court of Appeal in the one-click patent case

April 6th, 2011 by Barry Sookman Leave a reply »

Amazon filed its responding brief in the “one click” patent appeal. As Amazon notes, “The Appeal  raises  issues  fundamental  to  the  Canadian  patent  system:  (i)  the  proper approach to patent claims construction, and (ii) the scope of  patentable subject matter in Canada.”

The appeal arises out of Amazon’s application for a patent for an invention entitled “Method and System  for  Placing  a  Purchase  Order  Via  a  Communications  Network”. The  application  relates  to  a  communications network based method and  system for  placing an  order and, more particularly, to  a method and system for purchasing and ordering items over the Internet.

The Patent Office rejected the application on subject matter grounds. On an appeal to the Federal Court Justice Phelan reversed that ruling finding the claimed invention patentable. The AG of Canada and the Commissioner of Patents appealed the decision to the Federal Court of Appeal.

In its brief Amazon argues that the Commissioner erred by introducing policy considerations in making its decision on the patentability of Amazon’s application; its approach to claim construction is wrong; the  Commissioner  advocates  for an  overly  restrictive  definition  of  patentable  “art” which ignores the binding jurisprudence of the  Supreme Court and is wrong.  In short, it argues that business method inventions are patentable in Canada and it is entitled to a patent for its “one-click” invention.

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