Mainly intellectual property (IP) issues Down Under

RPL Central also refused special leave

The High Court has also refused RPL Central special leave to appeal from the Full Court’s rejection of its attempt to patent a method and system for Automated Collection of Evidence of Skills and Knowledge.

IP Australia’s Myriad Guidelines

IP Australia has published its guidelines for examining whether a patent application claims a manner of manufacture under s 18(1)(a) and (1A)(a) in light of the High Court’s ruling in D’Arcy v Myriad. According to the guidelines, Examiners will find it useful to ask: What is the substance of the claim (not merely its form)? Has the substance of the claim been “made” or changed by man, or is “artificial”?.. Read More

Myriad’s BRCA1 claims – take 2

A closer look at the High Court’s ruling in D’Arcy v Myriad

High Court to review patenting of isolated genes in Australia

High Court grant special leave to determine patentability of Myriad’s BRCA patents.

(Not) patenting business methods

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

Abstract principle, fine art or just unknowable

Jessup J has upheld the rejection of a patent for an auscultative method on grounds the claimed invention was insufficiently clearly disclosed.

Apotex v Sanofi: manner of manufacture

Apotex v Sanofi: Sanofi’s patent for a second use of leflunomide is patentable subject matter in Australia

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

Mayo v Prometheus

Last week, the US Supreme Court unanimously rejected the patentability of Prometheus’ “diagnostic”, characterising it as an impermissible attempt to patent a law of nature. Claim 1 of the Patent was: A method of optimizing therapeutic efficacy for treatment of an immune-mediated gastrointestinal disorder, comprising: “(a) administering a drug providing 6-thioguanine to a subject having said immune-mediated gastrointestinal disorder; and “(b) determining the level of 6-thioguanine in said subject having.. Read More