The borderline of patentability for technical solutions versus business methods just got a little clearer in Australia. Businesses should ensure that patent specifications for computer implemented methods adequately describe the technical problem overcome by their invention in order to assist them in meeting the manner of manufacture test under Australian law.
See more detailed commentary from my colleagues Joy Atacador, Andrew Baker and Thomas Johnston on the attached link.
In order for an invention to be patentable under Australian law it must meet the manner of manufacture test. The starting position is that a scheme or business method that is only an abstract idea does not constitute patentable subject matter unless it results in an artificial state of affairs. Where the invention is to a computerised scheme the invention must lie in the computerisation and not only require the use of a computer for its known functions.
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