Can We Protect How We Do What We Do? A Consideration of Business Method Patents in Australia and Europe

McNamara, Judith & Cradduck, Lucy M. (2008) Can We Protect How We Do What We Do? A Consideration of Business Method Patents in Australia and Europe. International Journal of Law and Information Technology, 16(1), pp. 96-124.

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In the long history of monopolies, business method patents are a novel and recent edition. In the Digital Age, where time is money and speed is everything, innovative methods for undertaking business are as important to a business as the products or services it provides to its clients. In recent years several reviews, conducted in both Australia and internationally,4 have questioned the appropriateness of patenting business methods. This paper reviews the availability of business method patents in Australia in light of the 2006 decision of the Full Court of the Federal Court in Grant v Commissioner of Patents,5 which confirmed the need in Australia for a 'useful product' to issue from the working of a method (business or otherwise) in order for the method to be patentable. This paper will review arguments both criticising and defending business method patents and consider whether business methods warrant special treatment.

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ID Code: 12574
Item Type: Journal Article
Refereed: Yes
Additional Information: For more information, please refer to the journal's website (see hypertext link) or contact the author.
Keywords: Intellectual property, patents, business methods
DOI: 10.1093/ijlit/eam010
ISSN: 0967-0769
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2007 Oxford University Press
Deposited On: 08 Apr 2008 00:00
Last Modified: 27 Jan 2015 03:59

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