Preserving the Amazon (Patent): Federal Court of Appeal Rules Business Methods Patentable in Canada
Journal of Intellectual Property Law & Practice (Oxford), Advance Access, April 2012
7 Pages Posted: 28 Nov 2011 Last revised: 17 Sep 2014
Date Written: 2012
Abstract
On November 24th, 2011, in Commissioner of Patents v. Amazon.com Inc. (2011 FCA 328), the Federal Court of Appeal held that business methods, when properly construed, could constitute patentable subject matter. The decision, while generally well-reasoned, rational, and consistent with the wording and legislative purpose of the Patent Act, introduced some uncertainties into an area of law that could benefit from greater clarity, especially due to the scarcity of jurisprudence in this area. In this article, I analyse the decision and its practical implications.
Keywords: Amazon, Amazon.com, business method, business, method, patentable, subject matter, eligibility, Commissioner of Patents, 2011 FCA 328, Canada, Federal Court, FCA, Bilski
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