Difference between revisions of "Australia"
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| − | + | ==2009 calls for comment== | |
| + | In March, June, and August of 2008, IP Australia (the patent office) published various proposals and requests for comment about changing the patent system.<ref>http://www.ipaustralia.gov.au/resources/news_new.shtml#41</ref> | ||
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| + | This indicates that there will soon be proposals to change patent law in Australia, this is an opportunity to exclude [[software patents]]. | ||
==Types of patent in Australia== | ==Types of patent in Australia== | ||
Revision as of 16:31, 26 October 2009
Contents
2009 calls for comment
In March, June, and August of 2008, IP Australia (the patent office) published various proposals and requests for comment about changing the patent system.[1]
This indicates that there will soon be proposals to change patent law in Australia, this is an opportunity to exclude software patents.
Types of patent in Australia
In Australia, there are two types of patent. There are normal patents, and "innovation patents". The latter are minimally examined (which lead to someone getting a patent on the wheel[2]), but these are not the normal, main category of patents.
Legislation
(See Australian Patents Act 1990)
http://www.med.govt.nz/templates/MultipageDocumentPage____1461.aspx#P444_107121
Patent office practice
The Australian patent office is: IP Australia
According to IP Australia, 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
In 1991, the patent commissioner rejected a software patent application on the grounds that it was mathematics. On December 13 1991, Federal Court judge Burchett disagreed and said this patent was indeed valid.[3]
"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 2006 ruling on Aerotel v. Telco.
External links
- http://www.ipaustralia.gov.au - Australia's patent office
- Comments on Australian law from New Zealand researcher Joel Wiramu Pauling
- AIPLA: A US organisation of patent lawyers gives comments on patents in Australia
- History of software patenting in Australia - only the abstract is available but it's interesting
- http://www.austlii.edu.au/au/legis/cth/consol_act/pa1990109/
- http://www.austlii.edu.au/au/legis/cth/consol_act/papa2000400/
- http://weatherall.blogspot.com/
- http://www.lawfont.com/category/ip/patent/
- http://www.efa.org.au/Publish/ipfta-paper.html#patent
- http://www.efa.org.au/ip/
