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ARTICLE · 25 OCTOBER 2013

Computer says yes? Recent guidance on the patentability of computer implemented method claims

Clayton Utz
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An invention is likely to be patentable if the computer's involvement is inextricably linked with the invention itself.

AustraliaIntellectual Property
Richard Hoad
Richard Hoad
James Neil
James Neil
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Key Points:

An invention is likely to be patentable if the computer's involvement is inextricably linked with the invention itself, and the specification contains significant detail about how the method is to be implemented by a computer.

While a method or formula alone may be nothing more than an abstract idea which will not constitute patentable subject matter, where that method is implemented using a computer, the invention may be patentable.

However, the extent to which a computer needs to be involved in a claimed method for it to be patentable is a somewhat unsettled question in Australia.

The Federal Court has recently provided useful guidance regarding the "manner of manufacture" requirement for patentability, particularly as it applies to computer implemented method claims (RPL Central v Commissioner of Patents [2013] FCA 871).

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