The Federal Court of Appeal (FCA) largely approved Justice Phelan’s reasons in the lower court. “I agree that no Canadian jurisprudence determines conclusively that a business method cannot be patentable subject matter.” However, the FCA critized Justice Phelan’s “practical embodiment or practical application” test.
The FCA allowed Amazon.com’s appeal from the Commission and requires the Commissioner to re-examine the patent application on an expedited basis in accordance with its reasons.
Since its release on Friday, this decision has been criticized because the FCA appears to have abdicated its responsibility to decide the law on the case before it. Instead, the FCA has passed that responsibility onto the Commissioner to formulate a decision without any clear guidance on the law.
Please follow the link for a copy of the decision: 2011-11 Amazon.com Federal Court of Appeal Decision