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Amazon.com going to the Federal Court of Appeal

The AG of Canada and the Commissioner of Patents have filed a  Notice of Appeal to the Federal Court of Appeal in the Amazon.com case. In the notice, the government argues that the decision of the Federal Court of Canada released on October 14, 2010, Amazon.com, Inc. v. Attorney General of Canada was wrong and that Amazon’s one click patent is not patentable subject matter in Canada.

The Patent Appeal Board rejected Amazon’s “One-Click” patent application. Re Patent Application No.…

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Rejection of Amazon’s One-Click patent attacked in appeal brief

Amazon has filed its Memorandum of Fact and Law in its appeal from the Canadian patent office rejection of its “One-Click” patent application. Re Patent Application No. 2,246,933 (March 5, 2009), Patent Appeal Board and the Commissioner of Patents Decision.

The Board had ruled the one click invention non-statutory for three principal reasons.

First, the Board ruled that if a claimed invention is not “an act or series of acts performed by some physical agent upon some physical object and producing in such object some change either of character or of condition”; it is not an art under Section 2 of the Patent Act.…

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Barry Sookman
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