Federal Court Holds "Business Methods" Patentable In Canada In Decision Over Amazon.Com "One Click" Patent

In a decision reminiscent of the recent In re Bilski decision in the U.S., the Federal Court of Canada has found that patents relating to "business methods" can constitute patentable subject matter in the highly anticipated decision of Amazon.com v. The Commissioner of Patents. In his decision dated October 14, 2010, the Honourable Mr. Justice Michael Phelan discusses differing laws and disparate judicial decisions respecting the patentability of "business method" patents across the globe, and is a necessary read for those wishing to implement a cogent global IP strategy.

Background

The Invention

Amazon.com, Inc. filed Canadian patent application no. 2,246,933 entitled, "Method and system for placing a purchase order via a communications network" (the "'933 application") on September 11, 1998. The '933 application sets out a method and system which allows a purchaser to place an order for items over the Internet. This method and system of conducting Internet