Can Software be Patented?

The Full Federal Court has handed down a further negative decision for patentability of software implemented inventions (Commissioner of Patents v Rokt Pte Ltd [2020] FCAFC 86) . But what does this mean for software patents in Australia and inventors generally?

It must be noted that this decision does not prohibit patentability of inventions involving software, but does reinforce the significant breadth of what is considered a scheme and mere abstract instructions. A focus remains on what technological improvement is provided.

Importantly, the same patentability considerations are not identical to those employed in the United States, Europe, and China.

Patent strategies must also balance both commercial imperatives and legal patentability considerations. Dr Anthony Place, a principal at Patentable, is a Computer System Engineer with 10+ years R&D experience (across Telecommunications, Audio, and Security) and can talk your language.

Call for a free initial consultation….