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Business Methods Now Patentable In Canada
On October 14, 2010, the Federal Court of Canada delivered its eagerly anticipated decision in Amazon.com, Inc. v. The Commissioner of Patents, concluding that a “business method” can be patented in appropriate circumstances, and noting the absolute lack of authority for a “business method exemption” to patentability in Canada. This ruling overturns the Canadian patent office policy of rejecting as unpatentable subject matter, a claimed invention which is “neither physical in nature nor producing an act or series of acts performed by a physical agent on a physical object to produce some change or effect.”
This ruling, which determines that an inventive “business method” may be patentable if it is a practical application, which provides new skill or knowledge, and achieves a commercially useful result, also removes the technological and physical requirements previously imposed by the Canadian patent office on patentees. This opens the door for more expansive patent claims in Canada.
At issue was Amazon.com’s patent application for a “Method And System For Placing A Purchase Order Via A Communication Network”, filed September 11, 1998, and claiming priority from two corresponding U.S. applications. This so-called 1-click Patent, recently survived re-examination before the USPTO.
Canadian patentees and inventors should consider whether their own software-related inventions may now be patentable or entitled to broader claims as a result of this decision.
For the judgment in Amazon.com, Inc. v. The Commissioner of Patents, et al., 2010 FC 1011 (14 October 2010), while available, visit:
http://cas-ncr-nter03.cas-satj.gc.ca/rss/T-1476-09%20decision%2014-10-2010%20ENG.pdf
For the Lawsof.com commentary, Amazon 1 Click Patent Survives Re examination, Vol VII, Iss 6, March 18, 2010, visit:
http://www.lawsof.com/page/Amazon-1-Click-Patent-Survives-Re-examination.html