Bonum Certa Men Certa

Australian Productivity Commission's Research Calls for Ban on Software Patents, Davies Collison Cave Calls for Complaints Against This Finding

The parasitic business of Davies Collison Cave not unsurprising (see below)

Davies Collison Cave



Summary: As the push against software patents grows in Australia, much to the chagrin of Australian software developers, Davies Collison Cave (patent law firm) publicly calls for opposition, calling its side "the truth" and pretending it represents "Australian innovators."

EARLIER this month we saw the Australian Productivity Commission recommending the elimination of software patents [1, 2]. This was an important wake-up call not only to Australians but to governments all over the world, especially governments that write laws for the public interest, not for giant corporations (recall the Indian kerkuffle on this matter).



"This was an important wake-up call not only to Australians but to governments all over the world..."According to the financial (interests) media in Australia, the "WTO chief economist challenges Productivity Commission view on IP" because, as one must remember, WTO is a patents (or ‘IP’) maximalist. Remember who WTO truly represents. It's like those same interest groups that are pushing for TPP, TTIP and their south-Pacific equivalents/complements.

The European Commission, facing the likes of the Productivity Commission, is now pressured "to ban patents on seeds", which are still being granted at the EPO. "Tomorrow," said an announcement, "a symposium on patents and plant breeders' rights will be hosted by the Dutch Minister for Agriculture."

Well, it makes sense to do so. Who benefits from patents on seeds? We covered this subject before.

"It's like those same interest groups that are pushing for TPP, TTIP and their south-Pacific equivalents/complements."Either way, patent scope boundaries are imperative. Without them, all we have is another USPTO and SIPO (China's). They are both notorious for low patent quality.

The other day, writing in patent lawyers' media, Spruson & Ferguson wrote about the Australian Productivity Commission report as follows:

Reforming the patentability of business methods and software inventions

Business methods have been defined as a method of operating any aspect of an economic enterprise, including ‘trading, transacting, finance, resource management, marketing and customer service’16. The Commission found that Business Methods and Software patents reward low– (or even no–) value innovations, and therefore, on balance, it is unlikely that granting patents in the area of Business Methods and Software increases the welfare of the community. While recommendations with regards to changes to the inventive step threshold for standard patents, and dispensing with innovation patents, may ‘knock out’ a large share of Business Methods and Software inventions, the Commission still considers that there is value in making clear that Business Methods and Software should not be considered patentable subject matters.17

Draft Recommendation 8.1 suggests that the Australian patent system should exclude Business Methods and Software from patent protection, as was done in a number of other countries.18 More particularly, it is recommended that section 18 of the Patents Act 1990 (Cth) be amended to explicitly exclude Business Methods and Software from being patentable subject matter. According to the Commission, amending the Patents Act 1990 (Cth) as recommended would minimise the ongoing legal uncertainty, and bring Australia into alignment with the approaches taken in other jurisdictions without impinging on international obligations.

A contrasting view is that, even if there is no case for patenting Business Methods and Software, it is not necessary to explicitly exclude Business Methods and Software from being patentable subject matter. The patentability of Business Methods and Software in Australia has already drastically been restricted by the courts, for example by the Commissioner of Patents v RPL Central Pty Ltd [2015] FCAFC 177 decision, by qualifying what constitutes a manner of manufacture within the meaning of section 6 of the Statute of Monopolies (i.e. section 18(1)(a)). Presently, business system inventions that are not within a ‘field of technology’ are not patentable. Accordingly, since that decision Business Methods and Software inventions generally do not meet the “manner of manufacture” criteria of patentability.


Not too long afterwards, the same lawyers' site published this selfish, self-promotional call for opposition to the Commission's findings, specifically calling for written support for software patents in Australia. Shame on Davies Collison Cave for lobbying for software patents in spite of Australian developers unequivocally rejecting and detesting them (we covered this some years back). To quote:

If patents for software are important to your business, then this message is also important for you.

The Productivity Commission has released a draft report which it intends to make final. It includes a recommendation that the Australian Patents Act be amended to explicitly exclude software from being patentable.

The Commission believes that software patents do not encourage new, valuable innovation. We suggest you tell them the truth.

Written submissions in reply to the draft can be made here by 3 June 2016.

It is time our Government heard from Australian innovators.


Yes, that's right. They are "the truth." And they are also "Australian innovators." Like Microsoft front groups represent SMEs...

Recent Techrights' Posts

Links 27/05/2026: TSMC Workers Next to Consider Strikes, Ceasefire Cracking
Links for the day
 
2025: EPO President Campinos Breaks the Cookie Jar, Steals Another Million Euros While His "Brother-in-Law" Does Cocaine at the Office and Staff Prepares Rolling, Indefinite Strikes
any additional month of Campinos in charge of the EPO is a liability not just to the EPO but the EU as well
Gemini Links 28/05/2026: Dumping Microsoft GitHub, Gopher Rabbit Hole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 27, 2026
IRC logs for Wednesday, May 27, 2026
SLAPP Censorship - Part 89 Out of 200: SRA Admits Malfunction, That's Why Transparency is Paramount
There have been more efforts than we can to count or can enumerate (probably over 100 such efforts) to gag us and to prevent us writing about what has happened
Our Free Software Activist in Connecticut (USA)
We'll soon revisit the latest round of legislation on "age" (surveillance, ID)
Links 27/05/2026: Living Without 'Smartphoones' and "Russia’s Biggest Attack on Ukraine in 18 Months"
Links for the day
Gemini Links 27/05/2026: The USA as an "Experiment" and Some Ubuntu Manuals
Links for the day
[Video] Full Video of Richard Stallman's Talk in Rome
It seems inevitable that the official GNU site will have it
Slop is a Passing Fad, It's About Faking Productivity (Plagiarism, Misinformation, and False Positives)
Slop is a bubble. Some people accept it later than others.
Anderon - Like Kyndryl - Could be Far Deeper in Debt Than Its Alleged Worth (Vapourware)
Time will tell, but it seems like a Federal-enabled (by the Federal Government) accounting scam, nothing more, nothing less
The Media That Keeps Covering "AI" Because the Pushers of It Pay for Spam
23 times in the page they mention "AI"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 26, 2026
IRC logs for Tuesday, May 26, 2026
Codecs and Software Patents - Part XI - The Stance of RMS (Dr. Stallman) Reassured GNU Regarding AV1
cautioned against software patents since the early 90s if not earlier
Google: We Are Locking You Out of Your Account (Since 15+ Years Ago) Because You Don't Have a Spyphone We Remotely Control
Google (GAFAM) is an evil company deep in debt
Red Hat: Bluewashing by IBM, Followed by RAs (Layoffs)
We could use some hints or evidence related to this
Gemini Links 26/05/2026: A Year of Composting, Fedora Bricks Itself and Infuriates Users With Slop and Wayland (Not What Users Want, What IBM Wants), Crawlers on Geminispace a Nuisance
Links for the day
Links 26/05/2026: "Making the Digital Physical"; "The Medical System Abandons Women When They Are Most Vulnerable"
Links for the day
While US Government Greenlights (or Bluelights) Bailouts for IBM Some Foreign Governments Blacklist It
"Albany leadership doesn’t know what they are doing but are damn good at pretending they do."
Good Thing When Home Appliances Are Ancient Antiques
dealing with the alarm has cost only time
The Bloating of the Web Contributes to Global Warming and Causes Burnout (Slowdown, Hardware Erosion, Waste)
This problem isn't limited to weather sites or subsites
IBM Bailouts and the IBM People Inside the Administration
It seems possible/plausible that it is bailout money down the drain or that this money will never arrive at all
Links 26/05/2026: Lithium Batteries Causing Fires (Even on Planes), 'Timmy' the Whale Dies
Links for the day
Why It's Ludicrous to Call Us "Microsoft Haters"
Even if clustered together, news items still cover a broad spectrum (or spectra) of issues
Pursuing Facts in an Age of Lies and 'Hallucinations' (Falsehoods Without Anyone Accountable, They Try Calling Computer-Generated Lies or Forgeries "Intelligence").
Our aim is to relay information while bypassing gossip networks like social control media and slop in "search" clothing
Computer-Generated Legal Filings Get You Reported to the Solicitors Regulation Authority (SRA)
We'll write a lot more about this in the future
EPO "Cocaine Communication Manager" - Part XII - In the Second-Largest Institution in Europe One Can Take Paid 'Sick Leave' for Doing Cocaine, Then Come Back
Cocaine addicts in the management were bullying colleagues. They're still in charge.
Sites in Their Twenties
We currently run concurrently a handful of series and have a lot more in the backlog
SLAPP Censorship - Part 88 Out of 200: Brett Wilson LLP is Defaming Trans People in America Because Garrett Pays Hired Guns to Silence Them
Garrett is scoring many own goals this year
Sloppy "Resource Action," (RA) or IBM Layoff, Leads to Another IBM Lawsuit, Alleging IBM Tries to Pass Liability to Algorithms
IBM is meanwhile resorting to slop to gaslight its remaining shareholders
The Latest IBM Layoff Rumours
What has happened to the company that invented so much of modern computing?
Holy See Recognises the Threat of GAFAM and Slop
Will the Holy See move away from GAFAM?
The Old Ways of Computing Were Objectively Better
Not as fast, but certainly much better
Social Control Media is a Giant Waste of Time (and There Are No Future Remedies for This)
Social Control Media is considered unhealthy to young people, but it is also collectively unhealthy to nations and nation-building
Codecs and Software Patents - Part X - Florian Müller Still Muddying the Waters for FOSS, Using Software Patents
Some things never change...
Gemini Links 26/05/2026: Slop Bug Reports and Crawlers Considered Evil
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 25, 2026
IRC logs for Monday, May 25, 2026