Can We Protect How We Do What We Do? A Consideration of Business Methods Patents in Australia and Europe
McNamara, Judith & Cradduck, Lucy (2008) Can We Protect How We Do What We Do? A Consideration of Business Methods Patents in Australia and Europe. International Journal of Law and Information Technology, 16(1), pp. 96-124.
Description
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.
Impact and interest:
Citation counts are sourced monthly from Scopus and Web of Science® citation databases.
These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.
Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.
| ID Code: | 224176 | ||
|---|---|---|---|
| Item Type: | Contribution to Journal (Journal Article) | ||
| Refereed: | Yes | ||
| ORCID iD: |
|
||
| Measurements or Duration: | 29 pages | ||
| Keywords: | Business Methods, Intellectual Property, Patents, Technology Law | ||
| DOI: | 10.1093/ijlit/eam010 | ||
| ISSN: | 0967-0769 | ||
| Pure ID: | 33598579 | ||
| Divisions: | ?? 16 ?? Past > Schools > School of Software Engineering & Data Communications Past > QUT Faculties & Divisions > Faculty of Law Past > Institutes > Information Security Institute Current > Schools > School of Law |
||
| Copyright Owner: | Consult author(s) regarding copyright matters | ||
| Copyright Statement: | This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the document is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recognise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to qut.copyright@qut.edu.au | ||
| Deposited On: | 07 Nov 2021 05:21 | ||
| Last Modified: | 20 Apr 2026 05:12 |
Export: EndNote | Dublin Core | BibTeX
Repository Staff Only: item control page