has appealed the recent rejection of a Canadian patent application[1] for its widely publicized 1-Click technology.[2] That rejection, made earlier this year by the Commissioner of Patents with the recommendation of the Patent Appeal Board, had signaled a significant shift in the Patent Office's approach to patentable subject matter and, in particular, software and business method patents.[3]

In its Notice of Appeal, filed September 3rd in Federal Court, directly challenges the more controversial positions taken in the rejection: the "change of character or condition" test for an art or process; the unequivocal prohibition against business methods; the "technological" test for subject matter; and, the novel "form-and-substance" approach to claim construction. With all of these issues under consideration, the appeal's outcome has the potential to significantly alter the landscape for software and business methods in Canada.

For now, the appeal is in its early stages, but software and business method innovators will want to keep a close watch on proceedings as the case progresses.