IPA patent 5.6.8.8-mathematical-algorithms — IP Australia Patent Manual of Practice and Procedure – 5.6.8.8 Mathematical Algorithms

Also in this Chapter: 5.6.8.1 General Principles – Assessing Manner of Manufacture ; 5.6.8.2 Alleged Invention 5.6.8.3 Fine Arts 5.6.8.4 Discoveries, Ideas, Scientific Theories, Mere Schemes, and Plans 5.6.8.5 Printed Matter 5.6.8.6 Computer Implemented Inventions, Mere Schemes, and Business Methods 5.6.8.7 Games and Gaming Machines ​​​​​​​ 5.6.8.9 Methods of Testing, Observation, and Measurement 5.6.8.10 Mere Working Directions 5.6.8.11 Nucleic Acids and Genetic Information 5.6.8.12 Micro-Organisms and Other Life Forms 5.6.8.13 Treatment of Human Beings 5.6.8.14 Human Beings and Biological Processes for Their Generation 5.6.8.15 Agriculture and Horticulture 5.6.8.16 Combinations, Collocations, Kits, Packages, and Mere Admixtures 5.6.8.17 New Uses 5.6.8.18 Other Issues (e.g. contrary to law etc) 5.6.8.19 Useful (utility) ​​​​​​​ Annex A - History of Manner of Manufacture ​​​​ Key Legislation: Patents Act: s18(1)(a) Patentable inventions Schedule 1 Dictionary​​​​​​​​​​​​​​ Key Related Chapters: 3.3.4 Reserving Opinion and Restricting Search s. 5.5 Construction of Specifications, Claims 5.6.1.4 Balance of Probabilities 5.6.6 Inventive step 5.6.7 Full Disclosure, Sufficiency, Clarity, Support (s40) 5.6.8.5 Printed Matter 5.6.8.6 Computer Implemented Inventions – Mere Schemes and Business Method ​​​​​​​ On this page Case law Examples A mathematical algorithm is a procedure for solving a given mathematical problem, commonly applied in the field of computer software related inventions. Case law In Grant v Commissioner of Patents (2006) FCAFC 120, the Full Court stated: “It has long been accepted that 'intellectual information', a mathematical algorithm, mere working directions and a scheme without effect are not patentable.” However, while a mathematical algorithm per se may not be a manner of manufacture, the presence of such an algorithm within the steps in an otherwise patentable method does not exclude a claim from patentability. For example, in the matter International Business Machines Corporation v Commissioner of Patents (1991) FCA 625 the Court, in considering a method for producing an improved (that is, smoother) visual representation of a curve, found (at paragraph 16) that: “In the present case, it seems to me that the use of the algorithm is not different conceptually from the use of the compounds involved in National Research and Development Council. Just as those compounds were previously known, so here, it is not suggested there is anything new about the mathematics of the invention. What is new is the application of the selected mathematical methods to computers, and in particular, to the production of the desired curve by computer. This is said to involve steps which are foreign to the normal use of computers ....” The distinction to be drawn is between a claim to an algorithm (or scientific principle or natural phenomenon) in the abstract sense and the application of the formula to a process such that it produces “some advantage which is material, in the sense that the process belongs to a useful art as distinct from a fine art”. Examples Examples of inventions involving mathematical algorithms that would be patentable are: any otherwise patentable process which uses a specific algorithm or mathematical formula, for example, a claim to a method of annealing a tungsten alloy, where the heating time (seconds) = 6.78 mass of ingot/temperature (C); and a method that generates a more accurate measurement/calculation of an amount of oil in an underground deposit using a mathematical algorithm to process measured input data. Here, the invention can be classified as technical or practical. Examples of inventions involving a mathematical algorithm that would not be patentable are: a method that uses an algorithm to calculate data indicative of success of aspects of commerce such as investments. Here, the invention is akin to business innovation as opposed to technical innovation, being in an abstract art of organising or analysing human activity; and a pure mathematical formula (unapplied), for example, a claim to a method of calculating a value c, where c = ex sin (t). Note that c, x, and t are pure variables with no defined significance to the real world. See also: 5.6.8.5 Printed Matter 5.6.8.6 Computer Implemented Inventions – Schemes and Business Methods