The Federal Court in RPL Central Pty Ltd ("RPL") v
Commissioner of Patents ("the Commissioner") [2013]
FCA 871 has held that a computer implemented invention can be
patentable subject matter in Australia, particularly where there is
substantial disclosure in the patent specification of how the
invention is to be implemented on the computer.
Background
This proceeding was an appeal from a decision by the
Commissioner of Patents, stemming from an opposition proceeding
against innovation Patent 2009100601, that the claims of this
patent do not constitute a manner of manufacture under s 18(1A)(a)
of the Patents Act 1990 (Cth) ('the Act').
Interestingly, this was not a ground raised during examination
of the innovation patent, nor raised by the opponent, but rather
raised and pressed by the Commissioner of her own volition.
