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The Australian Innovation Patent: The threshold for patentability may be higher than you think

A June 2017 decision of the Australian Patent Office highlights when claims in an innovation patent may be found novel, but lacking in innovative step. The decision highlights that the inquiry into innovative step is...more

IP Australia releases Exposure Draft of the Intellectual Property Laws Amendment Bill 2017

IP Australia has released an Exposure Draft of the Intellectual Property Laws Amendment Bill 2017. The proposed changes aim to align and simplify the administrative processes and rules relating to patents, trade marks,...more

Designs law reform in Australia: Prior art base, Grace periods, Screen displays and other changes

May 2016 - The Australian Government has responded to a series of recommendations for reform of Industrial Designs Law by the Advisory Council in Intellectual Property (ACIP). ACIP made 23 recommendations in its final report,...more

Patentable subject matter: Inventive test for assessing substance of an invention

In Australia, one requisite for patentability is patent-eligible subject matter. This area has been in a state of flux lately, with one area of focus being computer implemented methods and business innovations....more

Australia: Claim preambles, object statements and patentable subject matter

In Australia, the inquiry whether a combination of integers is patentable subject matter may be deeply influenced by the way the claim preamble and objects of the invention are drafted. Failure to appreciate this can result...more

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

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

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

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

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

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

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

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