Improving the Patent System to Promote Innovation: An Information Technology Case Study

Stoianoff, NP

Improving the Patent System to Promote Innovation: An Information Technology Case Study

Stoianoff, NP

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Publisher:: The Federation Press
Publication Type:: Journal Article
Citation:: Law in Context, 2013, 29 (1), pp. 26 - 54
Issue Date:: 2013-01

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Field	Value	Language
dc.contributor.author	Stoianoff, NP https://orcid.org/0000-0003-1532-6241	en_US
dc.date.issued	2013-01	en_US
dc.identifier.citation	Law in Context, 2013, 29 (1), pp. 26 - 54	en_US
dc.identifier.issn	0811-5796	en_US
dc.identifier.uri	http://hdl.handle.net/10453/27044
dc.description.abstract	Together innovation and intellectual property play a significant role in industrial growth. However, in the field of information technology, much controversy surrounds the patenting of software and business methods. There are claims of stifling innovation on the one hand and equally claims of significant national economic benefit on the other. This article analyses the state of play in these related controversial fields of technology providing a background to the Australian software industry drawn from `whole of industry studies and the authors own empirical research into Australian patent ownership. The meaning of patentable subject matter and the ability of software based inventions and business methods to gain patent protection are considered across key jurisdictions. A critical analysis of case law across those jurisdictions will make plain the difficulties encountered by the courts in being able to identify where to draw the line between patentable and non-patentable subject matter. Arguments for and against patentability will be weighed in the context of the purpose of the patent system and in the light of the Raising the Bar amendments to the Australian patents regime.	en_US
dc.publisher	The Federation Press	en_US
dc.relation.ispartof	Law in Context	en_US
dc.title	Improving the Patent System to Promote Innovation: An Information Technology Case Study	en_US
dc.type	Journal Article
utslib.citation.volume	1	en_US
utslib.citation.volume	29	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	true	en_US
pubs.issue	1	en_US
pubs.volume	29	en_US

Abstract:

Together innovation and intellectual property play a significant role in industrial growth. However, in the field of information technology, much controversy surrounds the patenting of software and business methods. There are claims of stifling innovation on the one hand and equally claims of significant national economic benefit on the other. This article analyses the state of play in these related controversial fields of technology providing a background to the Australian software industry drawn from `whole of industry studies and the authors own empirical research into Australian patent ownership. The meaning of patentable subject matter and the ability of software based inventions and business methods to gain patent protection are considered across key jurisdictions. A critical analysis of case law across those jurisdictions will make plain the difficulties encountered by the courts in being able to identify where to draw the line between patentable and non-patentable subject matter. Arguments for and against patentability will be weighed in the context of the purpose of the patent system and in the light of the Raising the Bar amendments to the Australian patents regime.

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http://hdl.handle.net/10453/27044