Australia to reject ban on business method patents

[James Heald <j.heald@ucl.ac.uk>]

Story spotted by Tim Frain (Nokia)

Re: Business method patent policy in Australia.  In case you did not 
already see this.  Tim


Per www.legalmediagroup.com


Australia to reject Europe's business method patent policy
Emma Barraclough, Hong Kong - 29 February 2004


Australia is set to ignore calls for a ban on patenting business
methods after a leading think tank recommended no change to the present
law.

The recommendation was made by the Advisory Council on Intellectual
Property (ACIP). The Council, an independent body appointed by the
government, released its report into patenting business methods last
week.

The Council said the country should remain in line with Japan, the US
and New Zealand, where business methods are patentable, rather than
adopt the restrictive practice in jurisdictions administered under the
European Patent Convention.

The patenting of business methods has proved controversial. So far,
patents have been granted for Amazon's "one click" method of buying
on-line and Priceline's "reverse auction" method for buying airline
tickets.

But those calling for a ban on such patents systems say that patents
for business methods are too abstract and stifle competition and
innovation. Supporters of business method patents claim business
innovators also deserve reward for their work.

Two years ago, the Australian government asked the Advisory Council to
consider whether Australia should change its laws.

But the Council claims that it could find little evidence that patents
for business systems either encourage or suppress innovation in
Australia and recommends that the law should be unchanged. But it
advised that IP Australia, the agency that grants patents, monitor the
number and significance of business system patents and report back to
the government each year until 2009.

David Webber, a partner at Davies Collison Cave, welcomed the report.
"There is no logical argument that can be sustained for treating
business system patents different from patents for any other
technologies," said Webber. "Controversy has always surrounded patent
protection for new emerging technologies, but over time this controversy
has always subsided."

But Webber urged the government to provide the Australian Patent Office
with more resources and training to ensure that it only grants patents
to business systems that are truly inventive.

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