Clarify the definition of patentable subject matter

Policy ID: 
On hold
No priority assigned
Issue summary: 
In its 2010 report on patentable subject matter, the former Advisory Council on Intellectual Property (ACIP) considered that there are a number of problems with the current wording of the test for patentability in the Patents Act, that an invention be for a 'manner of new manufacture'. The language is obscure and does not match well with the case law developed by the courts to determine patentability, and the test overlaps with other areas of patent law. ACIP recommended that the wording of the test for patentable subject matter be updated to use clear and contemporary language embodying the principles developed by the courts. The government accepted this recommendation in its response of 23 November 2011.
On hold 04-Sept-2017
There have been several recent changes to the case law of patentable subject matter. Time is required for the effects to be fully understood before this issue is considered further.

Policy feedback

Mandatory fields are marked with an asterisk *

More information
  • Files must be less than 10 MB.
  • Allowed file types: jpg jpeg png rtf pdf doc docx.
By clicking the submit button below, you consent to any personal information you provide through this form being handled in accordance with the Privacy Notice and the IP Australia Privacy Policy

Privacy Notice

The personal information you provide to the Policy Register (including through any submissions) is collected by IP Australia for the purposes of gaining stakeholder insights and feedback into various policy issues and feedback on the Policy Register trial. Your personal information is handled in accordance with our Privacy Policy and is protected by the Privacy Act 1988. Our Privacy Policy states how you may access and correct the personal information we hold; how we protect your personal information; how you may make a privacy complaint and how we will deal with your complaint; and the contact details for IP Australia’s Privacy Contact Officer. Please read our Privacy Policy for more information.

Any personal information you provide will be used for the purposes of administering the Policy Register and the Policy Register trial, responding to feedback, and contacting you in relation to any feedback. IP Australia may provide any personal information collected to IP Australia staff, the Department of Industry, Innovation and Science and the relevant Ministers’ offices. IP Australia will not disclose your personal information to any overseas recipients.

Whilst your personal information may be provided anonymously, IP Australia may not be able to contact you or respond to your feedback.

IP Australia will not otherwise use or disclose your personal information without your consent, unless authorised or required by or under law. By providing any personal information to the Policy Register (including through any submissions), you consent to your personal information being handled in accordance with this privacy notice and the IP Australia Privacy Policy.