Amazon's Canadian "One-Click" Patent Appealed by Attorney General of Canada

As reported in this post, the Federal Court of Canada issued its vs. Canada appeal decision on 14 October 2010 and ruled that Amazon's so called "1-click" e-commerce patent comprises patentable subject-matter, since a business method can be patented according to Canadian law if a practical embodiment is defined by the claims. In this regard, the Court found Amazon's invention qualifying for "art" under the Canadian Patent Act because the system claims require a machine as an essential element of the invention and the method claims are "put into action through the use of cookies, computers, the internet and the customer’s own action" and result in a "physical effect" on those elements. The Commissioner of Patents' decision on appeal of 2009 was thus reveresed and the case was remanded to the Patent Office for "expedited re-examination". Now things get in motion again, since on 15 November 2010 the Attorney General of Canada (Minister of Justice Rob Nicholson) and the Commissioner of Patents filed a Notice of Appeal against the decision ...Zum vollständigen Artikel

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