US and Australian Computer Implemented Inventions


The question of whether computer implemented inventions are patentable subject matter is one that continues to defy a straight answer.

In the US, and for those of the view that computer implemented inventions should be protectable, it seems that some optimism can be taken from the recent decision of CLS Bank International v Alice Corporation Pty. Ltd.1

This is perhaps in contrast to the current Australian position, in which the subject matter eligibility ground (manner of manufacture) is not at all clear, and is seemingly invoked by the patent office to dismiss claims directed to computer implemented inventions at will.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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