Matters before the Patent Office are judged on the basis of a balance of probabilities. Apple Inc. [2021] APO 28 illustrates that matters an alleged prior public use will be scrutinized with care.
There have been a number of decisions from the Australian Patent Office regarding some software related inventions. Apple Inc. [2021] APO 18 is a favourable decision.
This case considered claim support under the Patents Act 1990 (Australia)
The case concerns evidence in inventorship disputes in an administrative setting before the Patent Office.