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)
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.