IP Australia weighs in on Encompass v Infotrack and patentability of software

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As we recently reported, the judgment in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161 (Encompass) endorsed the earlier Research Affiliates and RPL Central decisions, and the law as it relates to patentable subject matter in Australia (manner of manufacture) in the context of computer implemented inventions (software patents).   IP Australia has now advised that the judgment …
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Australian Innovation Patents likely to be abolished

In July 2019, IP Australia announced a Bill[1] which phases out the innovation patent system.  This Bill is currently being considered by Parliament, marking the start of the legislative process that will likely remove this useful form of patent filing from Australian practice. However, there is still a window in which Innovation patents can be filed, …
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Encompass Corporation Pty Ltd v InfoTrack Pty Ltd – Our full analysis

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On Friday 13 September, the Full Federal Court  released its much anticipated decision regarding manner of manufacture in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161, dismissing an appeal from a Federal Court judgment. The expanded bench (5 judges) upheld the primary Judge’s finding that a computer-implemented invention for displaying information was not patentable subject matter. This …
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Encompass Corporation Pty Ltd v InfoTrack Pty Ltd – Our full analysis

On Friday 13 September, the Full Federal Court  released its much anticipated decision regarding manner of manufacture in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161, dismissing an appeal from a Federal Court judgment. The expanded bench (5 judges) upheld the primary Judge’s finding that a computer-implemented invention for displaying information was not patentable subject matter. This …
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Australia not in Harmony™ with the US on Diagnostic Patents

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The patent-eligibility of medical diagnostics in Australia remains unchanged following a recent decision of the Federal Court in Sequenom v Ariosa[i]. While this decision does not change patent eligibility in Australia, it does demonstrate a decisive divergence between Australian and US courts when considering what constitutes a patentable invention. As we have previously reported, in …
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Indigenous art knock-offs result in $2.3 million fine

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The Federal Court has sent a strong message to businesses who mispresent the provenance of art and souvenirs as Australian Indigenous products, recently handing down a $2.3 million fine to one Australian wholesaler.  For business owners, this case is a reminder that product claims, including those that go to a product’s provenance, must be able …
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Preserving and protecting Indigenous Knowledge

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IP Australia has just launched its Indigenous Knowledge Consultation Report, which is looking at ways to improve Australia’s IP system in order to promote the cultural integrity and economic potential of Indigenous Knowledge (IK). The Report is the result of consultations with Indigenous Stakeholders on issues such as control, protection, recognition of, and respect for …
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Trade mark registration stacks up for JB Hi-Fi

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JB Hi-Fi has won its battle to retain its Australian trade mark registration for STACK, its popular entertainment news brand, successfully challenging the Trade Mark Registrar’s proposed revocation. The trade mark STACK is used for JB Hi-Fi’s magazine and website, providing news and reviews for games, movies, tv and music[1]. The retailer acquired the unregistered …
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