Scintilla – a flash, a spark, an iota. Shorthand for creativity and an indicator of inventiveness under Australian law.

Thursday, September 5, 2013

Evidence-gathering method found to be patentable subject matter

By Senior Associate Anthony Selleck

Another chapter in the ongoing saga of software and business method patents was written last week, with the Australian Federal Court (Justice Middleton)  giving judgment in the case RPL Central Pty Ltd v Commissioner of Patents. The court, in overruling a decision of the Commissioner of Patents, found that a method for assisting individuals to obtain official accreditation of existing skills, experience, knowledge and educational qualifications was patentable subject matter under the Australian Patents Act 1990.  The decision is the opposite result to that found in two other recent cases involving the patentability of software and business methods that we have been following at Scintilla (see our earlier posts on the decisions in Research Affiliates and Alice Corporation).