Patent application trends for computer-implemented inventions in Australia, the United States and Europe

Computer-implemented inventions (CIIs) play an important role in today's technological innovation, and the discussion on whether software and computer-related technologies should be patented has always attracted much attention. According to the latest research, there are significant differences in the granting trends and results of such patents in Australia, the United States and the European Patent Office.

According to a report released by the Australian Intellectual Property Office, the approval rate of patents for computer-implemented inventions in marginal subject qualifications in Australia is higher than that of the European Patent Office (EPO), but lower than that of the United States Patent and Trademark Office (USPTO). Patent protection plays an important role in stimulating innovation, but overly broad protection may curb competition and interfere with other innovative attempts. Especially after the rise of software and computer-related innovations, the debate over whether they can be patented has become more intense. As digital technology becomes an increasingly integral part of business operations and innovation, this discussion has become more heated.

The survey results show that:

• CII patent applications in Australia account for 32% of total patent applications, lower than 50% in the United States and 41% in Europe.
• A 2014 Australian court ruling reduced the likelihood of approval of marginal CII patents, leading to a decline in the enthusiasm of domestic applicants. Applicants who have applied in Australia in the past have reduced the likelihood of subsequent applications, but patents with high technical and economic value may mitigate this effect.

According to this research report, enterprises and inventors are advised to pay special attention to the standards and trends of different judicial systems when choosing a country or region for patent application. In particular, applicants planning to apply for CII patents in Australia should take into account the changes in legal standards in recent years and incorporate them into their strategy formulation.

• Carefully select the application region: Understand the legal environment in each region, especially the impact of major legal precedents in recent years on CII patent applications.
• Priority for high-value patents: If your invention has high economic and technological potential, it is recommended that you give priority to applying in the United States to increase the possibility of global patent layout.
• Adjust patent strategy: Flexibly adjust the methods and strategies of invention applications according to the examination standards of different judicial regions to improve the approval rate.

Interested readers can click below to view and download the full report. The original report address: GD2425_002 - Computer implemented inventions 12NOV24.pdf

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