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)
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
The Full Court of the Federal Court has dismissed the patent applicant’s appeal in Research Affiliates LLC v Commissioner of Patents  FCAFC 150 (link), finding that the computer-implemented inventions in issue were not patentable subject matter under Australian law. The case concerned patent claims for computer-implemented methods and systems for generating financial securities
The patentability of software and computer implemented technologies has been a veritable hotspot in patent law over recent years in many countries. The Israeli Patent Office has now, after lengthy deliberations, settled on a formal policy. And, for those seeking to protect technology in that space, the news is particularly positive for commercially savvy innovators.
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