[Patents] SW Patents in Australia

[lsjbjt@ozemail.com.au (Lachlan S. James)]

At 02:35 PM 4/05/01 +0000, you wrote:
>Does anyone know what the status of software patents in Australia is?
>
>ie is there an Australian patent office?

Of course there is.  It's called IP Australia ... www.ipaustralia.gov.au

>Do they recognise patents in other
>countries? Do they allow them at all?

Australia is like every other western industrialised country in the world, 
and it is a signatory to GATT/TRIPS so it must adhere to, at least, the 
lowest common standards set in TRIPS.

But what do you mean by "recognise patents in other countries"?  A flippant 
answer is, yes, 'they' (Australia) does recognise that other countries 
issue patents!

I imagine you mean something like: does Australia enforce patents from 
other countries?  And if that is the question, then the answer is no.  But 
then no country enforces patents from another country UNLESS ...  Patents 
are purely jurisdictional in that they must be registered in one form or 
another (eg. via a PCT application, etc.) in every jurisdiction in which 
patent protection is sought.  For example, a patent applied and granted 
only in Japan lets all peoples of the world outside of Japan to freely use 
the patented product/process.

You ask: "Do they allow them at all?"  What do you mean??

Lachlan

ps.  Someone mentioned something along the lines that patent lawyers don't 
write code (ie. software) ... wrong!