Genesis Of Confusion In Business Method Patents Decision

On 18 July, 2006, the full court of the Australian Federal Court, in Grant v. Commissioner of Patents [2006] FCAFC 120 made a significant pronouncement likely to add substantial confusion to the borders of possible business method patent protection in Australia.

The claims of Mr. Grant’s patent dealt with a trust arrangement to avoid creditors in bankruptcy. As such, the subject matter was certainly at one extreme of the "business method patent" spectrum.

In a joint judgement, the Court moved to strike the patent down while simultaneously pronouncing that it was not striking down all business method patents. The Court held that Mr. Grant’s claim did not produce "a concrete effect or phenomenon or manifestation or transformation".