Canadian Patent Office allows’s “one-click” patent

December 31st, 2011 by Barry Sookman Leave a reply »

Last month the Federal Court of Appeal issued its reasons in the “one-click” patent case. Since the Court of Appeal directed the Commissioner to revisit’s application, it was not clear whether or not the patent was eligible subject matter.[1] The decision of the Court of Appeal left many questions unanswered.

It appears that the Patent Office has now determined that’s patent application,  “Method and System For Placing A Purchase Order Via A Communication Network” (Canadian Patent Application No. 2,246,933), is eligible subject matter. Patent Office records show that following an amendment made on December 22, 2011 a Notice of Allowance was issued on December 23, 2011. The records also show that the Final Fee was paid on December 28, 2011.

The issuance of the “one-click” patent may be just what and the Patent office wanted. However, for members of the public who wanted the law related to business method and software patents clarified, it is a missed opportunity to have the Supreme Court weigh in on this critically important issue.

[1] See, Federal Court of Appeal Sends Amazon One-Click Patent Application Back to Commissioner of Patents

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