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Computer implemented inventions in Australia: The current state of play

A Full Court of Australia’s Federal Court has handed down its appeal decision in Research Affiliates LLC v Commissioner of Patents. While there was anticipation that the decision would provide general guidance on the...more

12/16/2014 - Australia Patent Litigation Patents

Computer Implemented Business Scheme not Patentable in Australia

A Full Court of Australia’s Federal Court has handed down its appeal decision in Research Affiliates LLC v Commissioner of Patents [2014] FCAFC 150. This decision deals with the patentability of computer implemented...more

11/11/2014 - Appeals Australia Patent-Eligible Subject Matter Patents

Australia awaits Federal Court guidance on the patentability of computer-implemented inventions

Anyone with an interest in the patentability of computer-implemented inventions in Australia has been awaiting judgment in the appeal to the Research Affiliates LLC v Commissioner of Patents decision. Anticipation is...more

7/24/2014 - Australia CLS Bank v Alice Corp Computer-Related Inventions Patent-Eligible Subject Matter Patents

Alice v CLS Bank: An Australian Perspective

Over the decades, the use of patents to protect “software” or “computer implemented” inventions has been the subject of much debate: both on the philosophical question of whether such inventions should be patentable, and on...more

7/2/2014 - Alice Corporation Australia Australian Patent Office CLS Bank v Alice Corp Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS Software

Timely evidence needed for Australian Patent Oppositions

The Australian Patent Office is applying strict new requirements to obtain an extension of time to file evidence in an opposition proceeding. The effect of this change has been mitigated for some parties, as they have had the...more

6/18/2014 - Australia Evidence Patent Oppositions

New Paradigm In Australian Patent Oppositions

For many years the pre-grant patent opposition process has been a useful, but somewhat problematic mechanism for a person to challenge the validity of a patent application. As a specialist tribunal, the Patent Office could...more

2/11/2014 - Australia Australian Patent Office Inventive Concept Test Lack of Novelty Novartis Obviousness Patent Applications Patent Litigation Patent Oppositions

The Opening Decision Of The Australian Patent Office For 2014 – Another Invention Refused For Lack Of Patentable Subject Matter

In the first published decision by the Australian Patent Office for 2014, Aqua Index Ltd [2014] APO 2 (‘Aqua Index’), the Delegate of the Commissioner of Patents has refused yet another patent application for not being...more

1/24/2014 - Australia Patent Applications Patent-Eligible Subject Matter Patents

What Not To Say To The Australian Patent Office

If an applicant for a patent has misled the Commissioner in a material respect in the course of procedures which led to the grant of the patent, he should not have the benefit of his misleading conduct. It is clear...more

12/6/2013 - Australia Patents

Faster Examination For Global Patent Families

The Australian Patent Office will participate in the pilot of the Global Patent Prosecution Highway (Global PPH). What is the Global Patent Prosecution Highway (Global PPH)? The Global PPH is a new global system...more

12/3/2013 - Australia Patents

Computer Implemented Inventions In Australia: The Saga Continues …

An ongoing issue in Australian patent law is the extent to which computer-implemented inventions are eligible subject matter for patentability. Two single-judge Federal Court decisions on this matter have been handed...more

11/27/2013 - Australia Computer-Related Inventions Patents

NZ Clarifies Proposed Ban On Software Patents

The NZ government yesterday released further amendments to tighten the proposed legislation around software patentability. The amendments clarify that while the partial ban on software patents is still on the agenda, it has...more

5/14/2013 - New Legislation Patent-Eligible Subject Matter Patents Proposed Amendments Software

Australian Federal Court Clarifies Patentability Of Computer Inventions

The patentability of computer implemented inventions in Australia has finally been clarified by the Federal Court. The decision in Research Affiliates provides valuable guidance on how to prepare patent applications for...more

2/19/2013 - Computer-Related Inventions Patent-Eligible Subject Matter Patents

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