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ARTICLE · 07 FEBRUARY 2011

Business Method Patents In Canada

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On October 14, 2010, the law on the patentability of business methods in Canada was clarified by the Federal Court of Canada in the release of its decision, Amazon.com, Inc. v. The Commissioner of Patents.

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On October 14, 2010, the law on the patentability of business methods in Canada was clarified by the Federal Court of Canada in the release of its decision, Amazon.com, Inc. v. The Commissioner of Patents. The Federal Court held that business methods were patentable under appropriate circumstances. The Court also clarified the legal principles applicable in the determination of patentable subject matter under Section 2 of the Canadian Patent Act. While the Commissioner of Patents has elected to appeal the decision, the Federal Court has provided a sound legal framework founded in Canadian jurisprudence that is applicable to patent protection of business methods.

Background

Amazon.com sought patent protection for an invention entitled, "Method and System for Placing a Purchase Order Via a Communication Network". The invention comprised the underlying technology for Amazon's well known one-click online ordering process. The Canadian patent application was filed on

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