Software patent protection around the world: where it is now and where is it going? — ASN Events

Software patent protection around the world: where it is now and where is it going? (10883)

Matt Adams 1
  1. AJ Park, Wellington, New Zealand

Recent litigation in Australia between Apple and Samsung has got everybody talking about software patents. One school of thought is that there is no such thing as bad publicity. More companies now realize that they need a patent strategy that is aligned with their business strategy. However, recent media coverage of software patents has meant that some company executives are making important business decisions based on bad information.

As practitioners one of the questions we are frequently asked is whether or not a particular invention is patentable. It's usually not an easy answer. The eligibility of computer-related inventions in the countries of interest to our clients is swirling in a patten of uncertainty. It is a topic on which everyone seems to have an opinion yet nobody has a definitive answer.

Right here in Australia the Federal Court in RPL Central and Research Affiliates is dismembering the current approach of the Australian patent office to patent eligibility. In the United States we are wrestling with the implications of the landmark decision in CLS Bank v Alice. New Zealand is about to grapple with a brand new legislative exclusion later this year. In some ways the most stable jurisdiction for patent eligibility is the United Kingdom/Europe.

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