High Court Refuses Review of Computer-Implemented Invention


In December 2015, the Full Federal Court held that the computer-implementation of a business scheme was not sufficient to transform it into a patent-eligible invention.

In this case (Commissioner of Patents v RPL Central Pty Ltd) the invention was a computer-implemented method and system configured to assess the credentials of a person against industry standards.

On 5 May 2016, the High Court of Australia dismissed application by RPL Pty Ltd for special leave, holding:

"The Full Court was plainly correct and, accordingly, none of the applicant's proposed grounds of appeal enjoys sufficient prospects of success to warrant the grant of

special leave to appeal".

Accordingly, the decision of the Full Federal Court stands undisturbed. Australian law therefore remains that the mere implementation of a business method by computerized means is insufficient to provide the requisite technical basis for grant of a patent


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