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.
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
On 19 March 2014, the Intellectual Property Laws Amendment Bill 2014 (Cth) (the Bill) was introduced into parliament.
Most substantively, the Bill seeks to introduce a compulsory licensing scheme for pharmaceuticals...more
In the first published decision by the Australian Patent Office for 2014, Aqua Index Ltd  APO 2 (‘Aqua Index’), the Delegate of the Commissioner of Patents has refused yet another patent application for not being...more
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
The recent Multisteps Pty Limited v Source and Sell Pty Limited  FCA 743 decision provides insight as to how the Federal Court of Australia grapples with some of the key legal principles arising in...more
1) Illustrated features cannot be entirely disregarded.
2) A design must be in respect of a self-contained product.
3) Designs are published relatively quickly – typically 8 to 10 months from the earliest priority...more
Australia’s current Designs Act was passed in 2003 and commenced in 2004. Given its age, and concerns that have been raised over the years, the Australian Government has appointed an independent body – The Advisory Council on...more
On 30 August 2013, the Federal Court of Australia delivered a judgment on the patentability of computer implemented inventions: RPL Central Pty Ltd v Commissioner of Patents.
In summary, Justice Middleton found claims...more
In April 2013 Australian patent law will change to more closely align patent attorney privilege with legal professional privilege.
While this is a welcome change, and will hopefully rectify certain flaws of the current...more