Amazon 1-click appeal memo
The applicant’s appeal memo has been filed. Highlights from the memo include:
“The Commissioner’s decision to reject the ‘933 Application is wrong in law. The Commissioner relies upon inapplicable foreign law, and misstates and misapplies the binding jurisprudence of the Canadian courts on point (including the Supreme Court). In doing so, the Commissioner creates a new legal framework, in an apparent attempt, as a matter of policy, to change the approach of the Patent Office to the issue of patentable subject matter and the definition of “invention”. In the result, the Commissioner has decided that inventions of the kind at hand, and so-called “business methods” (as she characterizes them), will no longer be patentable.”
and
“Perhaps the most extraordinary aspect of the Commissioner’s decision is the per se exclusion for “business methods” which she creates.
The memorandum goes on to criticize the Patent Appeal Board’s narrow definition of “art” and its 2-step approach to claim construction.
Federal Court of Canada Docket No. T-1476-09 (court record).
