Manner of manufacture and software-based inventions: Patent eligibility test re-affirmed but limited further clarity provided by Australian Appeals Court

After much anticipation and a 10 month wait since the appeal was heard in November 2018, the expanded panel of five Federal Court judges in Encompass Pty Ltd v Infotrack Pty Ltd have delivered their decision, finding that they were “not persuaded that the primary judge erred in concluding that each [Encompass patent in suit] does not claim an invention that is a manner of manufacture within the meaning of section 6 of the Statute of Monopolies”.  Each of the Encompass patents in suit have accordingly been found to be invalid. read more...
Subjects: Patents

Manner of manufacture and software-based inventions: What does it mean for an invention to involve “an improvement in the computer”?

Whether inventions relating to the use of a computer are patentable according to the ‘manner of manufacture’ test has for many years been unclear in Australia.  This uncertainty, together with inconsistencies in how the law has been applied by the courts and the Australian Patent Office (APO), were just some of the contentious issues recently considered by a full bench of five judges from the Federal Court in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd (NSD 734/2018) read more...
Subjects: Patents