‘one-click’ patent application allowed

The Canadian Patent Office has allowed the ‘one-click’ patent application and the final fee has been paid. The application, CA2,246,933, was subject of the recent Federal Court of Appeal decision 2011 FCA 328 on patentable subject matter.

Barry Sookman has some more details on his blog. Apparently the Notice of Allowance was issued on December 23rd and the final fee paid on December 28th.

The CIPO Administrative Status page notes that a correction to the status of the application was made on December 22nd and Mr. Sookman noted that an amendment was filed on that day. The amendment related to updating the consistory clause in the description but no claim amendments were made.

Quick timeline of the ‘one-click’ patent application:

  • September 12, 1997 – earliest priority date
  • September 11, 1998 – filed in Canada
  • September 28, 1998 – examination requested
  • June 1, 2004 – Final Action issued by examiner
  • November 16, 2005 – first hearing of Patent Appeal Board
  • September 18, 2008 – second hearing of Patent Appeal Board
  • March 5, 2009 – Patent Appeal Board rejects application as being directed non-patentable subject matter in PAB1290
  • October 14, 2010 – Federal Court releases decision allowing appeal in 2010 FC 1011
  • November 24, 2011 – Federal Court of Appeal allows appeal and remands the application to the Commissioner of Patents in 2011 FCA 328
  • December 23, 2011 – Application allowed
  • December 28, 2011 – Final fee paid
  • January 17, 2012 – expected issue date
  • September 11, 2018 – expiry (assuming all fees are paid)

[Update: Thanks to Jason Hynes and Michel Sofia for providing information on the amendment filed by]

[Update: Thanks to Jean-Charles Grégoire for identifying the expected grant date.]