Inventive step questioned in Australia
22 September 2008
Peter Ollier, Hong Kong
A review of Australia’s innovation system has proposed making patents more difficult to obtain and making radical changes to IP litigation procedures
Terry Cutler chaired a panel that released
the report
on September 9. It contains 72 recommendations designed to encourage and develop innovation in Australia.
Chapter seven of the report deals with IP and criticises judges who, in ruling that software and business methods could be patented "overturned important 'gatekeeping' principles of the patent system that existed until the early 1980s". It quotes a section of
Patent Failure,
a recent book by James Besson and Michael Meurer, which states that software, business method and finance patents are far more likely to be litigated than...
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