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Australia Kills Software Patent, Shelston IP and Other Patent Lawyers Up in Arms

Let them whine...

Shelston IPSummary: In an important case which can serve as precedent in the future, IP Australia tosses away a software patent

THE subject of software patents in Australia was revisited recently because of the Commission's findings that Australia should ban software patents [1, 2], much to the distress of the likes of Shelston IP.



A new report composed by Sam Varghese, a FOSS proponent, has the following quote: "Jack Redfern, a principal at Shelston IP, (above, left) said this decision had left people who had prospective software patents to deal with the resultant disarray and uncertainty."

"It's clearly a software patent at stake."Well, they deserve this. Varghese continues: "Ward said while IP Australia found that RPL's invention was both new and inventive, they blocked it on "anti-software" grounds which were not raised by the commercial opponent."

Here is some background which shows what it was all about: "The patent in question was for a computerised method of updating one's qualifications in order to submit them to educational institutions. Different institutions require different sets of documents for evaluating the possibility of granting a prospective student admission, and RPL's system was designed to take the headache out of the process of collating these qualifications together and then submitting them to an institution."

It's clearly a software patent at stake. And that matters.

"What's meant here by "bizarre and unfounded objections" is objections I don't agree with because I make money from software patents."Meanwhile, looking through some new comments from what's mostly patent lawyers, we have this: "It's good to hear that IP Australia is not the only IP office issuing bizarre and unfounded objections during examination of IP rights - yes, it's not just limited to designs over here! If you ever want to feel completely stymied by unfounded objections and frustrated by bumbledom, just file a trade mark application with IP Australia and wait for the first Examiner's report..."

What's meant here by "bizarre and unfounded objections" is objections I don't agree with because I make money from software patents. Let them whine.

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