Consideration of what constitutes patentable subject matter has been a recurring theme in both Australian and US courts this year: In Australia, the Federal Court has considered the patentability of genetic/biological material (Cancer Voices Australia v Myriad Genetics Inc) as well as software and business methods (Research Affiliates LLC v Commissioner of Patents) In the US, the Supreme
The past few years have presented a number of challenges to applicants of business method and software patents in Australia. Shelston IP has been taking a special interest in developments, given our involvement in an upcoming appeal of Research Affiliates, the first Federal Court proceedings brought to challenge restrictive patentability thresholds of the Australian Patent Office.
There has recently been a marked shift in the attitude of the Australian Patent Office (APO) in relation to the patentability of computer-implemented inventions and business methods. In short, the practice of the APO has changed in a manner that causes complications for patent applications in these areas of technology currently under examination. However, the