IPwars.com

Mainly intellectual property (IP) issues Down Under

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 single point of.. 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 on an objective.. 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 said immune-mediated gastrointestinal.. 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 have qualified for.. 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 the effect of.. Read More