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.
Following several years of uncertainty over the form and function of New Zealand patent law’s “software exclusion”, the Government has now adopted the “as such” wording of EPC Article 52(3). Although the legislation is still “fluid” insofar as it has yet to be passed by Parliament, recent events lead us to believe that “as such”
When it rains, it pours. Following several years in which “progress” was a somewhat subjective term in respect of New Zealand’s patent law reforms, the Government has again shown that they now mean business. Previously, we mentioned that the Patents Bill 2008 was finally being prioritised by the Government, seemingly as the result of an “innovation drive”.
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.
In August 2010, we reported that the latest iteration of New Zealand’s new Patents Act purported to now exclude computer software from patentability. The proposed exclusion was not only a reversal of New Zealand’s previous position, it was also contrary to the stance taken by her major trading partners – especially Australia and the United