Australian court clarifies computer-implemented business methods

摘要

In November of this year, a Full Court of the Australian Federal Court handed down its decision in a long-awaited appeal on whether the use of a computer to implement an otherwise unpatentable business method was sufficient to render that method patentable: (Research Affiliates LLC v Commissioner of Patents [2014] FCAFC 150). The full court found that such a use was not, of itself, sufficient to render the method patentable. The court emphasised that: 1. assessment of the patentability of such patents must focus on the substance of the invention, and not merely the claims; and 2. where a claimed invention is to an otherwise unpatentable idea or method, simply implementing that invention via a computer will not render it patentable -the incorporation of the computer must be inextricably coupled to the claimed invention.