IPwars.com

Mainly intellectual property (IP) issues Down Under

(Not) patenting business methods

The Full Federal Court has rejected Research Affiliates’ attempt to patent a computerised method to construct a portfolio index

Software patents in the USA

Yesterday, the US Supreme Court heard oral arguments on the patentability of Alice Corporation’s payment system.

Patenting computer programs or business methods in Australia

At the end of August, Middleton J overturned the Commissioner’s refusal to grant an innovation patent for RPL’s computerised method entitled ‘Method and System for Automated Collection of Evidence of Skills and Knowledge’. Instead, his Honour held that the method was a manner of manufacture and, novelty and inventive step having been satisfied, patentable. What the claimed invention was In essence, the claimed invention allowed a user to access a.. Read More

Business method patents: Federal Court retreating?

Emmett J has dismissed Research Associates’ appeal from the Commissioner’s rejection of an attempt to patent a method for calculating an Index for using in financial investing. Claim 1 was for: A computer-implemented method for generating an index, the method including steps of: (a) accessing data relating to a plurality of assets; (b) processing the data thereby to identify a selection of the assets for inclusion in the index based.. Read More

A business method patent (not yet)

RPL applied for an innovation patent of a method entitled ‘Method and System for Automated Collection of Evidence of Skills and Knowledge’. The applied for innovation relates to a method for people to obtain recognition for their prior learning. Apparently, there are some 35,000 qualifications and 34,000 units in the vocational educational and training sector in Australia. Hence it can be difficult for people to identify a particular qualification which they.. Read More

Amazon’s 1-click in Australia

On Telstra’s opposition to the grant of Amazon’s 1-click patent in Australia, the Commissioner’s delegate has found that: claims 1, 2 and 4 to 61 were invalid; but: It seems to me that the use to which server generated client identifiers [i.e., cookies] are put in the present invention is both an elegant and inventive way of achieving one action ordering functionality. Therefore I consider that any of the claims.. Read More

Business method patents before the Commissioner

Patent Baristas has a guest post from Bill Bennett at Pizzeys considering the Deputy Commissioner’s recent rejection of the “Iowa Lottery” patent application. 1. A prize pool for a lottery game played among a plurality of member lotteries, at least two of which are from diverse jurisdictions, the prize pool comprising: a system of prize levels including a jackpot prize and at least first and second subordinate prizes; a super.. Read More

A new approach to business method patents Down Under?

Patent Baristas has a guest post from Bill Bennett at Pizzeys on the Deputy Commissioner’s rejection of a patent application for (as described by the Deputy Commissioner): “a method for commercialising inventions that includes the step of applying for patent protection. The specification indicates that the method is intended to facilitate the uptake of commercialisation of inventions taking into account the restricted timeframe to file for intellectual property rights and.. Read More

Business method patenting?

The US Federal Circuit (9 panel bench) has handed down its decision ruling that Bilski’s method of hedging risks in commodities trading was not patentable. As summarised by Patently-O, the majority opinion substantially retreats from State Street. a process claim [must be] tailored narrowly enough to encompass only a particular application of a fundamental principle rather than to pre-empt the principle itself. A claimed process is surely patent-eligible under § 101.. Read More