Business Method Patents Are Now Allowable in Canada

The October 14, 2010 decision of the Federal Court of Canada in Amazon.com, Inc., v. The Attorney General of Canada and the Commissioner of Patents has explicitly confirmed that under appropriate circumstances, business methods may be patentable under Canadian law.

The Court also squarely rejected the approach taken by the Canadian Intellectual Property Office (“CIPO”) in determining obviousness and identifying patentable subject matter.

This Alert reviews the decision and its implications.