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ARTICLE · 01 DECEMBER 2011

And The Saga Continues: Amazon Sent Back To The Patent Office

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The Federal Court of Appeal (FCA) has just released its decision in the now famous patent application for a «one click» internet shopping method filed in 1998 by Amazon.com («Amazon»). The patent application survives this latest test and is returned to the Patent Office for expedited

CanadaIntellectual Property
Alexandre Abecassis
Alexandre Abecassis
Isabelle Chabot
Isabelle Chabot
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The Federal Court of Appeal (FCA) has just released its decision in the now famous patent application for a «one click» internet shopping method filed in 1998 by Amazon.com («Amazon»). The patent application survives this latest test and is returned to the Patent Office for expedited examination. This is an important decision for anyone interested in protecting software-implemented innovations and business methods, especially in view of the serious lack of jurisprudence in that field in Canada.

This decision follows an appeal by the Commissioner of a recent Federal Court decision. As further detailed in our previous bulletins (see our earlier cases comments One-Click Has Its Day In (Canadian) Court and The Patent Office Appeals the Amazon Decision), the Federal Court had ruled that business methods were not excluded from patentability, that the claims constituted patentable subject matter and that the patent application was to be sent back to the patent office for

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