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ARTICLE · 10 JANUARY 2012

Amazon.com’s Canadian "One-Click" Patent On The Threshold Of Issuance

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This past year was truly an important year for Canadian decisions on business method patents, both from the Court and the Commissioner of Patents, and these decisions are receiving rapid attention.

CanadaIntellectual Property
Gowlings TV
Gowlings TV
Grant Tisdall
Grant Tisdall
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This past year was truly an important year for Canadian decisions on business method patents, both from the Court and the Commissioner of Patents, and these decisions are receiving rapid attention. On November 24, 2011, the Federal Court of Appeal ruled the Commissioner of Patents' practice of excluding business methods from patentability was "incorrect in law". The Court sent Amazon's one-click Internet shopping patent application back to the Commissioner for expedited further examination based on the Court's reasoning. On December 23, 2011, barely a month after the Court's ruling, the Commissioner himself approved Amazon's application and a Notice of Allowance was sent out. On December 28, 2011, Amazon's patent agents submitted the required issue fee and the Canadian Intellectual Property Office (CIPO) then promptly processed the fee as paid. Given the recent speed at which CIPO processed allowance of Amazon's application, we expect the Canadian "one-click" patent to

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