Breaking News: Full Federal Court rejects appeal on the patentability of computer implemented inventions

Today the Full Federal Court of Australia has issued judgment in Research Affiliates LLC v Commissioner of Patents [2014] FCAFC 150.  This judgment may have an impact on the patentability of current and future patent applications in Australia relating to computer implemented methods.

The appeal against Research Affiliates LLC v Commissioner of Patents [2013] FCA 71 has been dismissed, with the Full Federal Court agreeing with the Federal Court, that a computer implemented method for the construction and use of passive portfolios and indexes for securities trading is not patentable subject matter.

The Full Federal Court noted that specification did not require a computer implementation for the inventive step to be carried out, and that details of any such implementation were absent from the specification.

The comprehensive judgement referred to relevant US, European and Australian precedents. A copy can be found here.

We will provide you with further considered comment on the likely impact of this judgment later this week.

Please contact us if you have any questions at


Mark’s academic background is in computer science and electrical engineering. He assists clients in obtaining and enforcing their intellectual property rights in the areas of software, electronics and engineering. Prior to joining Phillips Ormonde Fitzpatrick, Mark worked for a leading automotive manufacturer.