Alice Through the (Australian) Looking Glass: Australia follows US on computer-implemented methods

While Australia appears to be following the US lead, the recent decision in Research Affiliates is unlikely to be the last word on the patentability of computer-implemented methods in Australia.

In October last year, we analysed two decisions of the Federal Court of Australia on the patentability of computer-implemented methods. Those decisions appeared to be somewhat contradictory, leaving patent owners in the dark as to whether patents in this area are likely to be valid.

Earlier this year, the US Supreme Court handed down its decision in Alice Corporation Pty Ltd v CLS Bank International 134 S Ct 2347 (2014), holding that the patent in issue was invalid because the claims were directed to an abstract idea of intermediated settlement, which was "a fundamental economic practice long prevalent in our system of commerce". Even though all of the claims were implemented using a computer, the Court found that the claims merely required generic computer