The High Court has also refused RPL Central special leave to appeal.
RPL Central had applied for the grant of an innovation patent entitled ‘Method and System for Automated Collection of Evidence of Skills and Knowledge’.
Middleton J had upheld RPL’s appeal from the Commissioner’s decision to reject the application on the grounds it was not a manner of manufacture. The Full Court allowed the Commissioner’s appeal. In rejecting special leave, the High Court baldly stated:
The Full Court was plainly correct and, accordingly, none of the applicant’s proposed grounds of appeal enjoys sufficient prospects of success to warrant the grant of special leave to appeal. Pursuant to r 41.11.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.
So, so far as patenting business methods goes in Australia, it looks like Research Affiliates will be the last word … for a long time.
If you have a question or wish to make a comment, feel free to post it in the comments box or send me an email.
RPL Central Pty Ltd v Commissioner of Patents  HCASL 84