THE decision to more officially ban software patents in Australia is not news. We wrote quite a few articles about that earlier in the year. As Kluwer Patent Blog put it this morning: "The purpose of the Bill is to implement the Government’s response to the Productivity Commission’s recommendations on Australia’s IP Arrangements."
The Productivity Commission recommended that Australia abolish the innovation patents regime, the principal reasons being that such patents have a lower inventive step than that of a standard patent and inhibited rather than assisted innovation from small business enterprises. The Government has agreed with this conclusion, noting that neither small business enterprises nor the Australian community at large benefited from it.
Part 4 of the draft Bill contains amendments to commence the abolition of the innovation patent system by preventing the filing of new applications, subject to certain exceptions. For example, existing rights before the commencement of the abolishing Act will remain unaffected, including the right to file divisional applications and convert standard patent applications to innovation patent applications where the patent date and priority date for each claim are before the abolishing Act’s commencement date.
This is directly at odds with a recent resolution by the International Association for the Protection of Intellectual Property (AIPPI) favoring patent-eligibility of computer software inventions.