i-law

Intellectual Property Magazine

Fighting chance

Recent Australian decisions regarding the patent eligibility of gaming-related inventions appear to offer a glimmer of hope for innovators

Over the past decade, Australian patent law and practice in relation to the patent-eligibility of software, covered business methods and gaming-related inventions has been in a state of flux. In the absence of a legislative change, Australian courts and the patent office have been very proactive in providing much needed guidance on the requirements for patentability. As we have reported in our previous two-part series on software patentability,the Australian standpoint, based on some high-level court decisions 1 has been very similar to the approaches being followed by the practitioners in the US and Europe. 2

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