With "One Click," Business Methods Are Patentable in Canada

In a decision of the Federal Court of Canada released on October 14, 2010, Amazon.com, Inc. v.  lang='FR-CA'>Canada (AG), the court allowed an appeal from a ruling by the Commissioner of Patents that had originally denied a patent application by Amazon.com Inc. for its pervasively successful one-click online ordering technology. The Commissioner had held that the subject matter of Amazon's application did not qualify as patent-eligible subject matter under the Patent Act. In overturning this finding, the court instead held that the Commissioner had applied wrong legal tests in rejecting Amazon's patent application, and articulated a new test that does not preclude computer-implemented innovations and business methods from being patented in Canada if they are directed to subject matter that meets the general test of what may constitute an "invention" under Section 2 of the Patent Act.