Monday, November 15, 2010

Appeal - Patents claiming a method of doing business

As I posted earlier, on October 14, 2010 the Federal Court in Amazon v. Canada, 2010 FC 1011 held that a method of doing business (a "business method") can be patentable subject matter, and that there is no categorical exclusion for business method patents. The Court rejected the Canadian Intellectual Property Office's reliance on foreign legislation and foreign court decisions, and the Canadian Intellectual Property Office has no discretion to refuse a patent on the basis of public policy and must always substantiate its decision with express provisions in the Patent Act.

Today, the Department of Justice on behalf of the Canadian Intellectual Property Office filed an appeal to the Federal Court of Appeal, in court file A-435-10.  With the launch of the appeal, Amazon has 10 days to cross-appeal (appeal the Federal Court decision on grounds other than those raised by the DOJ) if they so desire.

The results of the appeal will not be known for some time (likely within a year).  In the meantime, the Federal Court decision stands, and it is the law in Canada that a method of doing business is patentable subject matter.

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