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ARTICLE · 11 APRIL 2012

Patentable Subject Matter Is Turning Over A New Leaf In Canada, Post-Amazon

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The Canadian Intellectual Property Office ("CIPO") has announced public consultations on its practices with respect to statutory subject matter under Canada's Patent Act.

CanadaIntellectual Property
Kevin Holbeche
Kevin Holbeche
Mark Penner
Mark Penner
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The Canadian Intellectual Property Office ("CIPO") has announced public consultations on its practices with respect to statutory subject matter under Canada's Patent Act.

In November 2011, the Federal Court of Appeal (2011 FCA 328) affirmed that business methods may be patentable subject matter and ordered the Commissioner of Patents to re-examine the "one-click" patent application of Amazon.com Inc. on an expedited basis. On December 23, 2011 – after more than 10 years of pendency – the Commissioner allowed Amazon's Canadian Patent Application No. 2246933 for its "one-click" method.

CIPO's announced consultations extend beyond statutory subject matter to also encompass its practices with respect to inventive concept and claims to diagnostic methods and medical uses. The 30-day consultation begins during the week of April 2, 2012.

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