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● 10.28.18

●● The Institute of Patent and Trade Mark Attorneys of Australia Wants Litigation, Hence It Wants Software Patents

Posted in Australia, Law, Patents at 4:45 am by Dr. Roy Schestowitz

Summary: The Institute of Patent and Trade Mark Attorneys of Australia (IPTA) — like its equivalents in Europe and the US — wants nothing more and nothing less than additional lawsuits, i.e. expanded patent scope and lower standards/thresholds for patenting

There’s a new article titled “The future of software patents in Australia” (there’s not even a present, as we noted in our writings about software patents in Australia) and it seems little misleading because over time the country moves further and further away from such patents. “The Institute of Patent and Trade Mark Attorneys of Australia (IPTA), the representative body for Australian patent attorneys,” Ray Tettman (Watermark Intellectual Property) wrote behind a paywall, probably just alluding to some spin of the litigation ‘industry’ in Australia.

=> ↺ our writings about software patents in Australia | ↺ Ray Tettman (Watermark Intellectual Property) wrote

“Even if courts repeatedly reject such patents — as happened in Austria earlier this year — the law firms still make money in the process until there isn’t enough confidence in the patents for more lawsuits to be filed, as one could see in the US over the past couple of years.”The European Patent Office (EPO) and U.S. Patent and Trademark Office (USPTO) generally have rules against software patents (EPC and 35 U.S.C. § 101, respectively, offer something to that effect), but software patents are still being granted in Europe and in the US only for courts to strike them out (if that ever goes that far). Even if courts repeatedly reject such patents — as happened in Austraia earlier this year — the law firms still make money in the process until there isn’t enough confidence in the patents for more lawsuits to be filed, as one could see in the US over the past couple of years. █

=> ↺ EPO | ↺ USPTO | ↺ software patents are still being granted in Europe | one could see in the US over the past couple of years

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