Archive for October, 2010

Amazon 1-Click Patent Found Statutory In Canada

Monday, October 18th, 2010
The Federal Court in Canada has overruled the Commissioner of Patents to find that Amazon’s 1-click patent is patentable subject matter in Canada, and that Canada’s patent act does not have an exclusion for business method patents.  Here is a copy of the decision:  Canadian 1-click decision.  The claims found to be statutory are repeated below.The decision is an interesting read as it discusses jurisprudence from the US and Europe, including the recent Bilski decision, and rejects the “point of novelty” analysis in favor of viewing the claim as a whole to determine if a claim is statutory.
 The Court laid out that there are thus three important elements in the test for statutory subject matter:
i) it must not be a disembodied idea but have a method of practical application;
 ii) it must be a new and inventive method of applying skill and knowledge; and
 iii) it must have a commercially useful result:
Progressive Games, Inc. v. Canada (Commissioner of Patents), 177 F.T.R. 241 (T.D.) at para. 16, aff’d (2000), 9 C.P.R. (4th) 479 (F.C.A.). 


Director Kappos Posts Documents Summarizing Patent Prosecution Highway Programs and Three Track Examination Proposal

Tuesday, October 5th, 2010

Check out the following two documents for a summary of Patent Prosecution Highway programs and the Three Track Examination proposal.

Three Track Examination

Prosecution Highway Programs

BackWeb Technologies Sues IBM and HP on Software Patents For Background Downloads

Monday, October 4th, 2010

The wagon train of software patent lawsuits rolls on.  As recently reported by Gene Quinn in his IP Watchdog blog (, this time it’s IBM and HP that are in the cross-hairs, each being accused by BackWeb Technologies, Inc., of Santa Clara, California (and owned by an Israeli parent company) of infringing three US patents – U.S. 5,913,040, U.S. 6,317,789 and U.S. 6,539,429.  These patents cover systems for transmitting digital information in background mode.   To see an interactive claim chart of these patents claim limitations click here:  BackWeb Claim Chart

The chart shows that almost all of the claims, with a couple of interesting exceptions, require monitoring or determining a line or link utilization rate, and transmitting data based on the rate.  In the chart, the limitations in the left hand column are found in the respective claims (represented by the columns) if there is a blue square in the column.  The “relevance” column can be set equal to 1, 2 or 3.  If set to 3, then the chart assumes the target product has the corresponding limitation.  If set to 1, the limitation is not found, and if set to 2, it is indeterminate or possibly found in the target product.