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Difference between revisions of "Australia"

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See also: [http://www.abc.net.au/catapult/askexpert/s1619309.htm Representative of IPAustralia describing the situation with software patents]
 
See also: [http://www.abc.net.au/catapult/askexpert/s1619309.htm Representative of IPAustralia describing the situation with software patents]
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==Case law==
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See Grant v Commissioner of Patents [2006] FCAFC 120m July 17th 2006 where the Federal Court of Appeal refused a patent for a method of protecting assets from bankruptcy involving the setting up of a trust, a gift to the trust, and a loan back with the trustee taking a charge on the loan.  As mentioned in the UK 2002 ruling on [[Aerotel v. Telco]].
  
 
==External links==
 
==External links==
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* [http://ieeexplore.ieee.org/iel3/4914/13566/00623974.pdf History of software patenting in Australia] - only the abstract is available but it's interesting
 
* [http://ieeexplore.ieee.org/iel3/4914/13566/00623974.pdf History of software patenting in Australia] - only the abstract is available but it's interesting
  
===Vaguely related links for review===
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===Possibly related links for review===
 
* http://www.austlii.edu.au/au/legis/cth/consol_act/pa1990109/
 
* http://www.austlii.edu.au/au/legis/cth/consol_act/pa1990109/
 
* http://www.austlii.edu.au/au/legis/cth/consol_act/papa2000400/
 
* http://www.austlii.edu.au/au/legis/cth/consol_act/papa2000400/

Revision as of 06:02, 15 August 2009

country-region-todo

In Australia, there are two types of patent. There's patents, and "innovation patents". The latter are minimally examined (which lead to someone getting a patent on the wheel[1]), but these are not the normal, main category of patents.

Legislation

(See Australian Patents Act 1990)

[1]

Patent office practice

The Australian patent office is: IPAustralia

According to IPAustralia, the criteria for eligibility include: "Your invention must ... be a 'manner of manufacture'. It includes any device, substance, method or process, but it excludes artistic creations, mathematical methods, plans, schemes or other purely mental processes;"

See also: Representative of IPAustralia describing the situation with software patents

Case law

See Grant v Commissioner of Patents [2006] FCAFC 120m July 17th 2006 where the Federal Court of Appeal refused a patent for a method of protecting assets from bankruptcy involving the setting up of a trust, a gift to the trust, and a loan back with the trustee taking a charge on the loan. As mentioned in the UK 2002 ruling on Aerotel v. Telco.

External links

Possibly related links for review

References