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Amazon’s ‘one-click’ patent still alive in Canada

  • McDermott Will & Emery
  • -
  • Canada
  • -
  • December 30 2011

The Canadian Federal Court of Appeal, addressing whether Amazon’s famous “one-click” business method was properly considered statutory subject matter under the Canadian Patent Act, allowed Amazon’s appeal from the Patent Appeal Board but directed the Commissioner of Patents to reexamine the patent on an expedited basis, not with the lower court’s direction that the claims at issue constituted patentable subject matter, but instead directing that the Commissioner identify the actual invention after a purposive construction of the claims