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ARTICLE · 09 JULY 2008

Understanding Business Methods

Spruson & Ferguson Lawyers
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The patentability of so-called "business methods" has been a hot topic in the area of patent law over the past few years.

AustraliaIntellectual Property
Matthew Ward (Formerly With Shelston IP)
Matthew Ward (Formerly With Shelston IP)
Stuart Smith
Stuart Smith
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The patentability of so-called "business methods" has been a hot topic in the area of patent law over the past few years. The current position in Australia and the US is that an invention is not excluded from patentability simply because it might involve a method of doing business. However, before delving into the intricacies of what might and might not be patentable, a better place to start is with a more fundamental question: 'what is a "business method"?'

The term "business method" has been used to describe a wide spectrum of inventions. We have identified three broad categories into which these inventions tend to fall, as discussed below.

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