Journal Article

Canadian Patent Appeal Board denies's one-click patent application

Emir Aly Crowne-Mohammed

in Journal of Intellectual Property Law & Practice

Volume 5, issue 1, pages 5-8
Published in print January 2010 | ISSN: 1747-1532
Published online December 2009 | e-ISSN: 1747-1540 | DOI:
Canadian Patent Appeal Board denies's one-click patent application

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  • Arbitration
  • Intellectual Property Law


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The Patent Appeal Board recently refused a patent application filed by for placing orders on-line using one click (the ‘one-click patent application’). Customers were identified using cookies that were stored locally on their computers; these identifiers were used to obtain the customer's pre-recorded information from's database. The patent examiner initially rejected the application as being either obvious or directed towards non-statutory subject matter. Although the Board reversed the examiner's findings on obviousness, the application was rejected as being directed towards non-statutory subject matter. Section 2 of the Patent Act defines an ‘invention’ as ‘any new and useful art, process, machine, manufacture or composition of matter’ (or any improvement thereof); the Board considered that the application fell outside this statutory definition.

Journal Article.  2583 words. 

Subjects: Arbitration ; Intellectual Property Law

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