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...
