Out on a limb: Australian examination guidelines for patentability at odds with best global practice and Australian law

The Australian Patent Office has recently updated its guidelines for determining whether subject matter is patentable.  Unfortunately for patent applicant, the Office’s new policy has taken further steps towards limiting patentability of computer implemented inventions.  This is directly at odds with a recent resolution by the International Association for the Protection of Intellectual Property (AIPPI)

Australian Patent Office overruled – Swiss-style claims can confer eligibility for patent term extensions

As previously reported, the Australian Patent Office issued two decisions in August 2015 in which it found that Swiss-style claims (which are of the general type “Use of compound X in the manufacture of a medicament for a specified (and new) therapeutic use”) cannot be used to support a patent term extension (PTE).  However, this

Patent Office guidelines for computer implemented inventions

Following on from recent Patent Office success in court in rejecting Business Method Patents, the Patent Office has released new guidelines on the patentability of computer implemented inventions.   Whilst the court authorities are presently on appeal, the Office is proceeding to issue the guidelines to align practices with their preferred position, which was adopted

Australian Patent Office maintains narrow view of Myriad High Court ruling

When the Australian High Court recently ruled against the patentability of an isolated naturally-occurring gene sequence, many anticipated that all isolated naturally-occurring material would become patent ineligible. Today, however, the Australian Patent Office has released its much anticipated revised examination guidelines, which indicate that isolated naturally-occurring material such as proteins and micro-organisms remain eligible for

Australian Patent Office takes a narrow view of the Myriad High Court ruling

The Australian Patent Office has released, and invited public consultation on, its proposed revision of examination practice in view of the High Court Myriad gene patent ruling. A copy of the guidelines can be found here:   When the Australian High Court Myriad decision was handed down, there was speculation that it may be viewed in

Will the Australian High Court Myriad “gene patent” decision impact the patenting of all isolated biological material?

Last week, Shelston IP reported that the Australian High Court (the Australian equivalent to the US Supreme Court) unanimous ruled that isolated naturally-occurring nucleic acids were not patentable subject matter in Australia. The decision itself has been widely reported. There has, however, been little or no commentary regarding the ramifications of the decision and, in

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