Another manner of manufacture case. Substance of the invention test applied.
A presentation of information type application was held to lack a techical effect in Europe
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.
The case concerned Electronic Gaming Machines (EMGs). Feature games were implemented in the EGMs to encourage players to keep wagering by making it more interesting to do so. The majority held that the correct enquiry comprised: (a) Is the invention claimed a computer-implemented invention?; and (b) If so, can the invention claimed broadly be described as an advance in computer technology?
In order to sustain a software patent in Australia there must be an advance in computer technology that overcomes a technical problem. The provision of a health and safety management system that provides notifications and responds dynamically to changes in authority was seen as the deployment of existing technology.
Sustaining a software patent in New Zealand may be problematic where the invention lies in a graphical user interface.