Day: October 15, 2010

With “One Click”, Business Methods Are Patentable in CanadaWith “One Click”, Business Methods Are Patentable in Canada

In a decision of the Federal Court of Canada released on October 14, 2010,, Inc. v. Attorney General of Canada, the Court allowed an appeal from a ruling by the Commissioner of Patents (“Commissioner”) that had originally denied a patent application by Inc. (“Amazon”) for its pervasively successful one click online ordering technology. The Commissioner had held that the subject matter of Amazon’s application did not qualify as patent-eligible subject matter the Patent Act. In overturning this finding, the Court instead held that the Commissioner applied wrong legal tests in rejecting Amazon’s patent application, and articulated a new test that does not preclude computer-implemented innovations and business methods from being patented in Canada if they are directed to subject matter that meets the general test of what may constitute an “invention” under section 2 of thePatent Act.