Based on our investigation into the recent court and IP Australia decisions on patentability of four Aristocrat software innovation patents, we present three actionable steps in this article for patent attorneys and innovators to reduce subject matter objection risk for software patents from the outset. This article also gives an example of a certified software innovation patent without the subject matter objection raised during certification.
Australian patent search
Compared with many other countries, a patent search in Australia is relatively straightforward because IP Australia offers a sophisticated patent database and patent search system to the general public – called AusPat. AusPat covers Australian patent records right back to 1904.
Australian patent searches can be carried out by patent number, applicant name, inventor name and many other more sophisticated methodologies. Generally speaking, if you need to find a patent or patent application on the basis of a name, it is best to have an Australian patent attorney carry out your Australian patent search because a few strategies need to be applied to identify the right entity and not miss relevant search results.
If you are trying to determine whether your new idea is patentable in Australia, ironically, an Australian patent search is probably not going to give you the correct answer. The reason for this is that for a new idea to be patentable, it must be novel in light of all published documents worldwide, and not just in Australia. For information on worldwide novelty searches, please click here.
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