Tech start-ups: Let’s end the irrational fear of software patents

Shelston IP has in recent years been fairly critical of IP Australia’s ever-tightening policies for examining (and rejecting) patent applications in the computer technology space.  To a greater extent, our frustrations tend to arise from our work with local technology start-ups, for whom the availability of patent protection and the presence of a robust patent

Productivity Commission weighs in on Software Patents

The Productivity Commission publicly released their Inquiry Report on Intellectual Property Arrangements on 20 December 2016. The Report examines Australia’s Intellectual Property (IP) system in detail, and makes recommendations to improve its operation. The full Inquiry Report can be found here.   There is no doubt that computer technology has increasingly become important in day-to-day

Software Patents in Australia: Hope in a High Court Appeal

Recently, we posted some commentary on a recent decision[1] (the RPL decision) on software patents by the Full Court of the Federal Court of Australia (FCAFC).  In short: the FCAFC set out new principles for determining patentability of computer-implemented inventions in Australia.  This test, on our interpretation, involves an initial assessment of whether the substance

Software patents in Australia: Challenging Times Ahead

The full Federal Court has introduced new and unexpected requirements for patentability of inventions in the information technology space in Commissioner of Patents v RPL Central Pty Ltd [2015] FCAFC 177.   In essence, the RPL decision boils down to the following statements of principle: “A technological innovation is patentable; a business innovation is not”;

New Zealand hits ‘Go’ on new Patent law

In late August 2013 the New Zealand Patents Bill passed its final reading in Parliament. When it comes into effect, anticipated to be around a year away, it will make sweeping changes to New Zealand patent law across the board. In our article of last week, we introduced the new Act and some of the

NZ’s new Patents Act 2013 – a ban on software patents “as such” and an expansion of the novelty requirement

On 28 August 2013, New Zealand’s new patents legislation was passed by a clear majority of the House of Representatives. Arguably, the most significant changes in the Patents Act 2013 are an effective ban on software patents and the expansion of the “local novelty” requirement. Although the changes will not take effect for at least a

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