Business Methods

The drive to determine what is patentable

Last week, the U.S. Supreme Court agreed to hear an appeal of Mayo Collaborative Services v. Prometheus Laboratories, Inc., on the issue of whether or not methods of medical diagnosis are patentable in the US.

Closer to home, tomorrow is the appeal hearing for Amazon v. Canada, Federal Court File A-435-10, in which Amazon seeks to have the Court of Appeal confirm that methods of doing business (such as a method of doing “1-click” shopping online in this case) are patentable in Canada. We should see a decision from the Court within a year.

These are exciting times for the patent bar as well as for scientists worldwide, as these decisions can affect many companies’ R&D directions in the coming years.

Patents claiming a method of doing business – Appeal to be heard in June

As posted earlier, the Federal Court in Amazon v. Canada, 2010 FC 1011 held that a method of doing business (a “business method”) can be patentable subject matter. The Department of Justice on behalf of the Canadian Intellectual Property Office is appealing this decision to the Federal Court of Appeal, in court file A-435-10.

The Court of Appeal has now confirmed that the appeal hearing will be heard in Toronto (not Ottawa as previously reported) on June 21, 2011 at 9:30am. A decision should be rendered before the end of 2011. Depending on the appeal decision, we may see the Supreme Court grant leave to tackle this issue in 2012.

%d bloggers like this: