Last month the Federal Court of Appeal issued its reasons in the Amazon.com “one-click” patent case. Since the Court of Appeal directed the Commissioner to revisit Amazon.com’s application, it was not clear whether or not the patent was eligible subject matter. The decision of the Court of Appeal left many questions unanswered.
It appears that the Patent Office has now determined that Amazon.com’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 Amazon.com 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.