19 September 2019

On 13 September 2019, the Full Court of the Federal Court issued their decision in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161. The decision addressed whether a computer-implemented invention described in innovation patents 2014101164 and 2014101413 was a manner of manufacture. The Full Court found that it was not a manner of manufacture.

The Commissioner has considered the decision. The decision does not alter current examination practice in relation to computer implemented inventions (software patents). That practice is set out in the Manual and on the website.

Given the considerable interest in this matter, the Commissioner will take this opportunity to review the Manual to ensure that our practice and procedures are reflected clearly and consistently in the relevant sections.

We will consult with key stakeholders on any proposed changes.