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ARTICLE · 01 FEBRUARY 2011

Business Method Bonanza in Canada

Hot on the heels of the US Supreme Court ruling in Bilski, the Canadians have jumped back on the business method bandwagon.

AustraliaIntellectual Property

Hot on the heels of the US Supreme Court ruling in Bilski, the Canadians have jumped back on the business method bandwagon.

This is a significant result for Canada, noting that the recent Patent Office practice has been particularly unfavourable for business methods and various forms of computer implemented technology.

Historical Context

In 2009, the Canadian Patent Office Board of Appeals rejected Amazon's infamous "one-click" patent.

In essence, the Board's position was that, "since patenting business methods would involve a radical departure from the traditional patent regime, and since the patentability of such methods is a highly contentious matter, clear and unequivocal legislation is required for business methods to be patentable".

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