Bonum Certa Men Certa

Australia Might be Next to Block Software Patents If Commission's Advice is Followed

Aussie money



Summary: Australian advice against software patents, which can hopefully influence Australian politicians and put an end, once and for all, to all software patents in Australia

Australia's long fight over the issue of software patenting was covered here in the not-so-recent past. It was about half a decade ago. See the following articles for instance, as well as this Wiki section (Australia):





We also mentioned Australia's stance more recently in articles such as:



In a nutshell, while Australia does not officially boast tolerating patents on software, it does in fact allow many of them, unlike New Zealand.

There was some good news in this morning's press coverage as according to this article, titled "Dump software patents, allow geoblocking bypass: Productivity Commission," things may be about to change:

Australia should remove the ability to patent software and allow consumers to circumvent geoblocking of services like Netflix, the Productivity Commission recommended today.

The commission today published a set of far-reaching draft recommendations to the government to redress the balance of intellectual rights away from rights holders and in favour of users.

Among its recommendations, the commission said Australians should be able to access online content in a timely and affordable manner.

Echoing the findings of both the Harper competition review and the parliamentary inquiry into IT pricing, the Productivity Commission said restrictions by rights holders were having the opposite effect and actually encouraging internet piracy.

[...]

Australia's patent system similarly needs an overhaul, according to the commission.

It believes the system is poorly targeted, with some "inventions" bordering on trivial and being protected for too long.

This creates low quality patents, stymies competition, and frustrates efforts of follow-on innovators while raising costs for the entire nation, the commission argued.

Business methods and software should not be able to be patented, the commission said, as it discourages software innovation and provides strong incentives to block competitors and hinder software development.

Australia currently affords "excessive" patent protection to business methods and software, with terms longer than development cycles, it said.

The commission pointed to the open source movement as providing incentives to innovate and disseminate new software without the need for patent protections.

As copyright also covers software, the commission said this raises the question about whether multiple forms of intellectual property protection is needed for computer code.

It said excluding business methods and software from the patent system would bring Australia in line with other nations.


Here is what CBS (US) wrote about it:

Business methods and software (BM&S) should be completely excluded from being patentable, the commission recommended, because the patent term is "far longer than the development cycle of BM&S". It pointed to open-source software as proof of a more beneficial alternative for the community.

"[BM&S] patents have rarely spurred software innovation, but provided strong incentives for strategic behaviour to block competitors and hinder software development," the draft report argues.

"In some cases, the BM&S is obsolete by the time a patent for it is granted ... The open-source movement demonstrates that incentives to innovate and disseminate new software can occur in the absence of patent protections."


Australia is evidently close to officially banning such patents, but only if it follows the Commission's findings. This would be well overdue. Here is another article which speaks about patent scope a little more broadly:

Other recommendations include not extending the period of protection for registered designs, fine-tuning the trade marks and plant breeders statutes, belatedly including an Objects clause in the Patents Act, rethinking the controversial ‘innovation’ patents arrangements and bringing intellectual property transactions under Australian competition law. Efforts to streamline the regime will involve substantial investment in the Patents Office and dysfunctional Therapeutic Goods Agency. We can expect patent practitioners to savage the Commission’s stance on what it regards as trivial patents, alongside its call to deny business patents and software patents. ‘Big Pharma’ will again damn calls to wind back practices such as evergreening, extended periods of protection for pharmaceuticals and undue protection for test data.


Many other articles alluded to this but focused on pharmaceutical patents and/or geo-blocking for more attention to be placed on these other contentious issues [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19].

Is Australia going to do the right thing, which software developers actually want, and ban software patents? Contacting one's representatives might help bring rise to bills to that effect in the Australian authorities.

Recent Techrights' Posts

A Free Software Foundation (FSF) Led by Dr. Richard Stallman Can Still Raise a Lot of Money
Give people more time (e.g. until end of January) and maybe hit the target
Good Gains for Android for GNU/Linux in New Zealand This Year
Notice that GNU/Linux rose to its highest point (this month)
2024 a Record Year for Android (Almost 50% "Market Share"), Which is Now Bigger in Europe Than Microsoft Windows
a look at Europe
Wishing for a Wikileaks Renaissance in 2025
as a site that facilitates whistleblowers, hosting large leaks
[Meme] Getting Banned From Social Control Media 2 Days or Two Weeks Before Leaving Office
Seems like interference using dinners with an insurrectionist
Jimmy Carter on Globalisation of "Tech"
Carter's legacy in the area of science (and technology)
The True Importance of Diversification
Monopoly or monoculture breed fragility
This New Talk Helps Explain Why Crimes at the European Patent Office (EPO) and Patent Policy Deficits Remain Unaddressed by the European Commission
Corporations write and enforce the law
Enshittification is Everywhere
Computer Science has been reduced to just "computer" (spyphone)
Move to GNU/Linux and Save the Planet, CCC Talk Explains
video of the talk
The Free Software Foundation (FSF) Tells Us All to "Keep Putting Pressure on Microsoft"
"Grassroots organization against a corporation as large as Microsoft is never easy"
 
Trying to Informally Police or at Least Report LLM Slop About "Linux" (and Several Related Topics)
Do they deserve public humiliation/condemnation? Yes, as that might be the only way to nip this in the bud
Links 30/12/2024: Fentanylware (TikTok) Concerns and Aftermath of Cut Cables
Links for the day
Is Microsoft's Plundering of Africa Coming to an End?
Microsoft had many layoffs in Africa this year
Microsoft Windows Down From 23% to 20% This Year in Asia (Android Up From 54% to Almost 60%)
Less and less of Windows, more of the Linux-powered Android
15 Years Ago Mozilla Firefox Had Over 50% of the Slovakian Market, Now Google's Chrome Has Over 70%
Peaked at 72.4% earlier this year
Remembering When Photography Meant Realistic Captures of Reality, Not "Hey Hi" (AI) and 'Instagrammed' (Filtered, Manipulated)
Fake pictures predate the "hey hi" hype; Instagram in particular was full of these
Apple's Main Stronghold (North America) at Risk From GNU/Linux
Apple had several rounds of layoffs in the US this year
statCounter: Microsoft Windows Down a Percent This Year in South America, GNU/Linux Up to 3.2%
Microsoft down, freedom up
The Threat of Googlebombing and LLMs
There are many Carters, but search engines and LLMs lack the "logic" (or common sense) to tell the difference
Social Control Media (Not Just TikTok) is a "Modern Challenge" to Democracy
Society is worse off with Social Control Networks
IBM's Bad Leadership is a Threat to GNU/Linux
We worry that since Red Hat controls so much of the GNU/Linux stack difficulties at IBM will result in divestment
Putting Some Eggs in the Geminispace Basket
Do not bet on the future of the Web
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 29, 2024
IRC logs for Sunday, December 29, 2024
Gemini Links 30/12/2024: Countdown to New Year, Tinylogging, and LLM Hype
Links for the day
Incredible! Beta'News' Now Runs Ads as 'Articles' About 'Hey Hi' (AI), Written by LLMs
Does it get any more rogue than this?
Our Most Relaxing Christmas Ever?
this Christmas was our most calm every (in recent memory at least)
Bad Year for Microsoft in India (and Another All-Time Low, Windows at 12% "Market Share")
Microsoft is the next Intel
Keeping Online Even During Wars
the Internet is still quite robust
Fascistic Regimes and Their Justices Will Leverage Social Control Networks to Their Advantage (Power Grab), They Won't Protect Constituents From Them
"controlling the voices and all the narratives, including the press because they too buy into the lies that it is a communications medium"
New Year's Resolution for Techrights: No More Very Short Posts
If we publish memes, as above, then we'll try to at least contextualise them somewhat
Links 29/12/2024: Phytium Sells Chinese CPUs and Landing Gear Malfunction Crashes Plane in Korea
Links for the day
Links 29/12/2024: Facebook Wants More Bots and Slop, Whistleblowers and Bloggers Under Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 28, 2024
IRC logs for Saturday, December 28, 2024
Gemini Links 29/12/2024: Supernatural Mystery and Mechanical People
Links for the day
Links 28/12/2024: Standards Emphasised, Putin Implicitly Admits Taking Down Passenger Plane
Links for the day
Links 28/12/2024: BRICS-Controlled Social Control Media Defended by GOP, "Paper Passport Is Dying"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 27, 2024
IRC logs for Friday, December 27, 2024
Links 28/12/2024: Having Bosses, Ada's Dependent Types
Links for the day