Computer Implemented Inventions are patentable
... and the likelihood of success is improving.
With rapidly-changing requirements for patenting computer implemented inventions, recent decisions by the Courts suggest the current hostile environment being experienced by potential patentees may be shifting somewhat in their favour.
As reported and criticised, the United States Alice decision [Alice Corp. v. CLS Bank International, 573 U.S. 208, 134 S. Ct. 2347 (2014)] and the Australian Research Affiliates decision [Research Affiliates LLC v Commissioner of Patents [2014] FCAFC 150] and RPL decision [Commissioner of Patents v RPL Central Pty Ltd [2015] FCAFC 177], have plagued inventors and potential patentees with “patentable subject matter” objections.
The promising sign for change has been recent decisions, including the United States Berkheimer decision [Berkheimer v. HP Inc., 881 F.3d 1360 (Fed. Cir. 2018)] and the Australian Rokt decision [Rokt Pte Ltd v Commissioner of Patents [2018] FCA 1988 - under appeal], each somewhat suggesting an Examiner’s need for evidence when maintaining that the claimed invention is abstract or adds nothing of substance to the idea.
While the landscape is becoming better defined, there still remains the need to navigate patent prosecution through the decisions and interpretations provided by various Patent Offices.
As a guide to patent costs regarding computer implimented invention, Patentable can typically prepare and file an Australian provisional patent application for about $4000-$5,000, depending on complexity and area of technology. A budget can be reviewed when discussing your invention.
With an ever increasing likelihood of success, Patentable would welcome an opportunity to assist you in patenting your computer implemented invention.
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Patentable is a boutique Intellectual Property firm founded by Dr. Anthony Place.
Anthony has a BE (hons) in computer systems, MEngSci in signal processing and a PhD in the field of mathematical modelling - which is combined with 10+ years research and development employment across the fields of acoustics, hardware data scanning, virus protection, and telecommunications.
As a registered patent and trademark attorney since 2008, Anthony has a further 10+ years experience being responsible for prosecution and enforcement of Client’s intellectual property.
Sydney - Parramatta - Penrith - Greater Western Sydney - Blue Mountains.
Please contact Patentable for a free initial consultation.
