Skip to main content
This website uses cookies. By continuing to use this website you are agreeing to our use of cookies as described in our privacy policy.
Bulletin

Patentable Subject Matter is Turning Over a New Leaf in Canada, Post-Amazon

Fasken
Reading Time 1 minute read

Technology and Intellectual Property Bulletin

The Canadian Intellectual Property Office (“CIPO”) has announced public consultations on its practices with respect to statutory subject matter under Canada’s Patent Act.

In November 2011, the Federal Court of Appeal (2011 FCA 328) affirmed that business methods may be patentable subject matter and ordered the Commissioner of Patents to re-examine the “one-click” patent application of Amazon.com Inc. on an expedited basis. On December 23, 2011 – after more than 10 years of pendency – the Commissioner allowed Amazon’s Canadian Patent Application No. 2246933 for its “one-click” method.

CIPO’s announced consultations extend beyond statutory subject matter to also encompass its practices with respect to inventive concept and claims to diagnostic methods and medical uses. The 30-day consultation begins during the week of April 2, 2012.