It is becoming clearer when computer-implemented methods are likely, or unlikely, to be deemed patentable subject matter in Australia – Encompass, Rokt and other recent decisions
During the past decade, the patent-eligibility of computer-implemented methods has been a particularly vexing focal point for Australian patent law and practice. With computer technologies now ubiquitous and relatively mature, applying the centuries-old “manner of manufacture” test in a way that is practical and predictable in the eyes of practitioners and their clients has proven
In a recent Australian Patent Office decision of Facebook, Inc.  APO 19 (21 April 2020), a Delegate for the Commissioner of Patents (the Delegate) found that claims to a method that helps applications share information are directed to patentable subject matter based on the technical improvement provided, despite concluding that the claims only required
In light of a number of recent court decisions in Australia and the United States, companies with computer-implemented inventions are looking at a broader range of options, in addition to the more usual patents and copyright protections, to maintain an advantage in commercialising their valuable technology in intensely competitive and rapidly moving fields. One such
Join Partner Mark Vincent for an IP law update: What are the implications of the misuse of images on the Internet?