Computer implemented inventions in Australia: “clever use of mobile devices and a server” not patentable subject matter

Published

Dec 22 2021

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I am a partner in our Intellectual Property Group, based in Sydney. My experience spans the breadth and depth of IP issues, but my specialty is complex IP litigation and disputes including contentious patent, trade mark, copyright, and confidential information and consumer protection/passing-off matters.

Continuing the Commissioner of Patents success in cases regarding computer implemented inventions and patentable subject matter, the Full Federal Court of Australia has dismissed an appeal brought by Repipe seeking to challenge findings that the invention the subject of its two innovation patents was not “patentable subject matter”.

We reported on the earlier Repipe decisions here. In short, the inventions claimed in the two patents were directed at sharing and completing workplace health and safety documents by field workers using computer technology whereby information (such as hazards) could be shared with field workers in real time, and documents could be created dynamically in the field

While there was no doubt that the claimed invention in this case (which consisted of the use of features of a GPS enabled mobile device to communicate with a central server that handles information in a specific way) was a “useful invention”, and a “clever use of mobile devices and a server” Perram J was unable to see how it…