Canada Now Open For Business: The Patentability of Business Methods in Canada after Amazon.com

Abstract:

The decision in the Federal Court in Amazon.com, Inc. v. Attorney General of Canada allows that business methods are patentable as an “art” provided that the requirements set out by the Supreme Court of Canada in Shell Oil are met. In its decision, the Court also stated that a “practical application” does not require a physical result in the conventional sense; that an inventive concept need not relate to science or technology; and that there is no “form and substance” approach to claim construction in Canada. This decision clearly illustrates that it is possible for a business method to have a commercially useful result, and leaves no doubt that a business method is patentable per se as long as it qualifies as a patentable art.