In September, 1998, Amazon applied to patent its 1-click check-out, an invention officially entitled “Method and System For Placing A Purchase Order Via A Communication Network” (Canadian Patent Application No. 2,246,933). In Canada, the patent office refused to grant the patent because it didn’t consider the invention to be patentable under the Canadian Patent Act. Amazon appealed that refusal and in 2010 the Federal Court reversed the patent office’s decision and effectively ordered the patent to be issued. The patent office still refused to grant the patent, and appealed the case up to the Federal Court of Appeal. In a decision in November 2011, the Federal Court of Appeal handed down its decision in Attorney General of Canada et al v Amazon.com, Inc., 2011 FCA 328. The appeal court has confirmed that business methods are patentable in Canada and there is no basis under Canadian law for excluding business methods from patentability in Canada.

Related Reading:

CIPO’s Software & Business Method Patent Guidelines

Business Method Patents in Canada

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