The Computer Implemented Inventions and Business Method Patents in Australia: 2011 Update

Background

There has recently been a marked shift in the attitude of the Australian Patent Office in relation to the patentability of computer implemented inventions and business methods.

In short, the practice of the Australian Patent Office has changed in a manner that causes complications for those with patent applications in his areas of technology currently under examination. However, law itself remains favourable and we are reasonably confident that with guidance from the courts, the present divergence of Patent Office practice from the prevailing law will be relatively short lived.

We have set out below an overview of the current landscape, and advice for patent applicants with an interest in these areas of technology.