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
A closer look at the High Court’s ruling in D’Arcy v Myriad
High Court grant special leave to determine patentability of Myriad’s BRCA patents.
The Full Federal Court has rejected Research Affiliates’ attempt to patent a computerised method to construct a portfolio index
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: Sanofi’s patent for a second use of leflunomide is patentable subject matter 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
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
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
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