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)

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”;