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Rejection of Amazon’s One-Click patent attacked in appeal brief

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Amazon has filed its Memorandum of Fact and Law in its appeal from the Canadian patent office rejection of its “One-Click” patent application. Re Patent Application No. 2,246,933 (March 5, 2009), Patent Appeal Board and the Commissioner of Patents Decision.

The Board had ruled the one click invention non-statutory for three principal reasons.

First, the Board ruled that if a claimed invention is not “an act or series of acts performed by some physical agent upon some physical object and producing in such object some change either of character or of condition”; it is not an art under Section 2 of the Patent Act.…

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