Alan Macek reports that the
Amazon.com patent application has been allowed. I must admit that I am very surprised, as
I had predicted that the Patent Office would refuse the patent in light of the FCA decision. I still agree with
Barry Sookman that the consequence is that the SCC will not hear an appeal, and the law of patentable subject matter therefore remains very uncertain. It will be interesting to see how (and whether) CIPO revises its
practice guidance relating to patentable subject matter.
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