Post-Amazon.com Practice Guidance

August 01,2011

Please be advised that the Commissioner of Patents has provided revised examination guidance to examiners following the Federal Court’s decision in Amazon.com Inc. v. Commissioner of Patents 2010 FC 1011. This guidance was distributed to patent examiners in ExamMemo PN2011-04, dated August 1, 2011.

The guidance reflects the Office’s analysis of Canadian jurisprudence performed subsequent to the Amazon.com decision and is in effect currently and until further notice, in place of any contrary guidance in the Manual of Patent Office Practice (MOPOP).