One-click: to Canadian IP valuation, it may be more than just a convenience on

We’ve followed the Bilsky decision closely, since it increases the potential value of business method patents.  The actual Bilsky technology, of course, was rejected as unoriginal by the US Supreme Court earlier this year.

The Canadian Commissioner of Patents similarly rejected Amazon’s one-click technology for the same reason—it was only a business method, and not eligible for protection under section 2 of the Canadian Patent Act.   In v. Canada (Canada Fed. Ct. 2010) the Federal Court of Canada reversed — holding that business methods can potentially be patented because (1) the system claims require a machine as an essential element of the invention and (2) the method claims are “put the into action through the use of cookies, computers, the internet and the customer’s own action” and results in a “physical effect” on those elements. So, the decision is back with the Patent Office for court-ordered speedy resolution.  Every one sees this as the Canadian test case on business methods IP.

It looks like Canadian appraisers will also have to look for IP value in new places—keep that in mind every time you order from Amazon!