NDLI: Background to software patenting in Australia

Content Provider	IEEE Xplore Digital Library
Author	Fitzgerald, A.
Copyright Year	1997
Description	Author affiliation: Law Sch., Columbia Univ., New York, NY, USA (Fitzgerald, A.)
Abstract	For many years, up to the late 1980s, the Australian Patent Office (APO) routinely rejected patent applications involving computer software. Since Australian practice was diverging from the more liberal practices which were emerging in other countries, particularly in the USA, in March 1986 the APO published a new set of guidelines: Guidelines for Considering the Patentability of Computer Program Related Inventions. These guidelines incorporated the test developed by the US courts, known as the two part Freeman-Walter-Abele test (J. Swinson, 1993), the application of which subsequently led to the APO granting a number of software related patents (D. Webber). The question of whether computer software related inventions constitute a "manner of manufacture", as required by the Patents Act 1990 and are therefore patentable subject matter, first came before an Australian court in 1992 and a patent was granted. Following this decision in IBM, in August 1992, the APO issued new guidelines for determining the patentability of software related inventions. The new test simply poses the question: "does the invention claimed involve the production of some commercially useful effect?" Examiners are directed not to object to applications on the basis of the earlier US authorities which were adopted in the 1986 APO guidelines. Illustrations of the test are provided in the Patent Office Guidelines (1992).
Starting Page	113
Ending Page	114
File Size	132530
Page Count	2
File Format	PDF
ISBN	0818680814
DOI	10.1109/ASWEC.1997.623974
Language	English
Publisher	Institute of Electrical and Electronics Engineers, Inc. (IEEE)
Publisher Date	1997-09-29
Publisher Place	Australia
Access Restriction	Subscribed
Rights Holder	Institute of Electrical and Electronics Engineers, Inc. (IEEE)
Subject Keyword	Australia Guidelines Application software Computer aided manufacturing Computer displays Software testing Computer applications Computer graphics Tail Natural languages
Content Type	Text
Resource Type	Article

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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