Tag: one click patent

Canadian Patent Office allows Amazon.com’s “one-click” patentCanadian Patent Office allows Amazon.com’s “one-click” patent



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.[1] 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.

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



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.

Amazon.com going to the Federal Court of AppealAmazon.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.

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