Barry Sookman
  • Bio & expertise
    • Bio
    • Technology & Internet Lawyer
    • Copyright and Intellectual Property Lawyer and Litigator
    • Privacy & CASL
    • Government Relations
    • Rankings
  • Books & Articles
  • Speeches & Media
  • Terms
    • Privacy Policy
This site is about technology, copyright, and privacy Law
Barry Sookman
Barry Sookman
  • Bio & expertise
    • Bio
    • Technology & Internet Lawyer
    • Copyright and Intellectual Property Lawyer and Litigator
    • Privacy & CASL
    • Government Relations
    • Rankings
  • Books & Articles
  • Speeches & Media
  • Terms
    • Privacy Policy
Subscribe
  • Patents

Amazon.com going to the Federal Court of Appeal

  • November 15, 2010
  • Barry Sookman
Total
0
Shares
0
0
0

The AG of Canada and the Commissioner of Patents have filed a  Notice of Appeal to the Federal Court of Appeal in the Amazon.com case. In the notice, the government argues that the decision of the Federal Court of Canada released on October 14, 2010, Amazon.com, Inc. v. Attorney General of Canada was wrong and that Amazon’s one click patent is not patentable subject matter in Canada.

The Patent Appeal Board rejected Amazon’s “One-Click” patent application. Re Patent Application No. 2,246,933 (March 5, 2009) for three principal reasons:

First, the Board ruled that if a claimed invention is not “an act or series of acts performed by some physical agent upon some physical object and producing in such object some change either of character or of condition”; it is not an art under Section 2 of the Patent Act.

Second, the Board held that business methods are non-patentable subject matter in Canada. According to the Board, patenting business methods “would involve a radical departure from the traditional patent regime, and since the patentability of such methods is a highly contentious matter, clear and unequivocal legislation is required for business methods to be patentable.”

Third, the Board held that the substance of a claimed invention is non-statutory if no technological innovation has been added to human knowledge. The Board did not view the contribution of Amazon’s one click invention to be technological in nature.

Related

Total
0
Shares
0
0
0
0
Related Topics
  • Amazon
  • barry sookman
  • one click patent
  • patent
  • patentable subject matter

Subscribe

Subscribe now to our newsletter

You May Also Like
View Post
  • artificial inteliigence
  • Copyright
  • Patents

Artificial intelligence and intellectual property rights: the USPTO DABUS decision

  • Barry Sookman
  • May 4, 2020
View Post
  • cloud computing
  • Patents

Microsoft Azure IP Advantage: cloud computing without patent risk?

  • Barry Sookman
  • February 17, 2017
View Post
  • Patents

Law and Innovation: Is Intellectual Property a Path to Progress

  • Barry Sookman
  • April 13, 2014
View Post
  • Patents

Merck awarded blockbuster damages for Apotex’s patent infringement

  • Barry Sookman
  • July 17, 2013

Leave a ReplyCancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Subscribe

Subscribe now to our newsletter

Barry Sookman
This site is about technology, copyright, and privacy Law

Input your search keywords and press Enter.

We may be using cookies to give you the best experience on our website.

 

Barry Sookman
Powered by  GDPR Cookie Compliance
Privacy Overview

This website may use cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

Strictly Necessary Cookies

Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.

If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.