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Business method patents in Australia and the US: the difficulties continue
Business method patents in Australia and the US: the difficulties continue - Nicholas Tyacke and Timothy Webb of Clayton Utz review recent Australian and US decisions that show the difficulties that pure business methods are causing patent offices and courts in those jurisdiction.
In Australia, the article refers to Decision of Deputy Commisioner of Patents: Stephen John Grant [2004] APO 11, Grant v Cmr of Patents [2005] FCA 1100 and Grant v Cmr of Patents [2006] FCAFC 120 and the application for special leave to the appeal to the High Court. These cases relate to Stephen John grant’s asset protection method, which involved
- establishing a trust with a trustee;
- the owner making a gift of a sum of money to the trust;
- the trustee making a loan of said sum of money from the trust to the owner; and
- the trustee securing the loan by taking a charge for said sum of money of the asset.
In USA, the article refers to the seminal decision of State Street Bank 149 F 3d 1368 (Fed Cir 1998) and the dissenting decisions in Laboratory Corp of America Holdings v Metabolite Laboratories, Inc 126 S Ct. 2921 (2006).
Link to Australian Intellectual Property Law Bulletin (Vol 19 No 8, January 2007)
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