January 31, 2011
In March 2009, the Patent Appeal Board shocked the intellectual property community with a definitive statement against the patentability of business method patents in Canada.
The pronouncement came in a lengthy decision that rejected a patent application by Amazon.com, Inc. for a "one-click" shopping system.
In October 2010, Federal Court Justice Michael Phelan allowed an appeal brought by Amazon's lawyers and overturned the appeal board's ruling.
"The doors are now wide open for [business-method patents] in Canada," says Edward Fan. "The decision in Amazon.com Inc. versus the attorney general of Canada means that Canada's intellectual property regime now features what is probably the widest opening in the world for obtaining patents. Now is the time to get into it."
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