[Linux-aus] Fwd: Software patents

Andrew Donnellan ajdlinux at gmail.com
Thu Dec 22 14:49:02 UTC 2005

What do you all think of this?


On 12/20/05, Matt.Kraefft at ipaustralia.gov.au
<Matt.Kraefft at ipaustralia.gov.au> wrote:
> Hello Andrew
> Thank you for your enquiry by e:mail.
> The precedent we follow for computer software is that it be treated like any
> method of operation.  If the method produces a result which is artificially
> created and is of use in a field of economic endeavour then we would say it
> is patentable, subject of course to considerations of newness and inventive
> step.
> For example, we would generally say source code itself is not patentable (it
> properly belongs under copyright) because there is no demonstration of
> economic utility in source code itself.  However a monopoly claim to a
> method of operating a computer system in a specific way, using that or some
> other source code, is generally patentable as an economic utility is usually
> evident from the method.
> Hope this helps.  If you have any further queries, would you please get back
> to me.
> Thanks.
> Matt Kraefft
>  Supervising Examiner of Patents
>  IP Australia
>  Phone:  +61 (0)2 6283 2455
>  www.ipaustralia.gov.au
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