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ARTICLE · 09 AUGUST 2018

Australian Patent Office Refuses Patent For Financial Trading Method

In April 2018, the Australian Patent Office held the hearing of BGC Partners Inc [2018] APO 27, in which it refused a patent application in the area of financial trading for failing to claim patentable subject matter.

AustraliaIntellectual Property

In April 2018, the Australian Patent Office held the hearing of BGC Partners Inc [2018] APO 27, in which it refused a patent application in the area of financial trading for failing to claim patentable subject matter.

Although this outcome may seem unsurprising given the well-established ineligibility of business methods for patent protection, it is worth noting that the invention was framed by the patent applicant as a technical innovation for improving the efficiency of electronic trading systems. Ultimately, however, the Patent Office took the view that the substance of the invention was not a technical improvement, but a business improvement, and thus it was unsuited to patent protection.

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