Amazon's One-Click Patent Is Patentable In Canada
The Federal Court of Canada ruled on Thursday that claims in Amazon's 1-click patent constitute patentable subject matter, thereby reversing the Commissioner of Patents' findings. The Commissioner argued that there is a business method exclusion in Canada, but the Court ruled that there is not.
According to the Court's ruling:
There is no exclusion for “business methods” which are otherwise patentable, nor is there a “technological” test in Canadian jurisprudence. Even if there was some
technological requirement, in this case the claims, when viewed as a whole, certainly disclose a technological invention.
The Canadian Court's ruling appears to be consistent with the U.S. Supreme Court's opinion in Bilski.
