ACS Repeats Call for Public Comment on Patent Applications

Friday 12 September 2003 - The Australian Computer Society (ACS) has repeated calls for business process patents to be open to public comment during the examination stage.

The call, by ACS Vice President Philip Argy, comes in response to news that a controversial patent with the potential to impact e-commerce sites will go before the Administrative Appeals Tribunal.

Mr Argy, a senior partner in the Intellectual Property & Technology Group at law firm Mallesons Stephen Jaques who also chairs the ACS Economic, Legal and Social Implications Committee, said the ACS made a similar recommendation last year when it appeared before the Government's Advisory Committee on Intellectual Property.

"Patent office examiners cannot be expected to be aware of relevant prior art because much of it is undocumented and therefore needs to be solicited," he said.

The call follows the award of a technology patent to D.E. Technologies, which could allow that company to charge Australian e-commerce websites thousands of dollars in royalties. Matthew Tutaki, who is challenging the patent in the Administrative Appeals Tribunal, claims to have five examples of prior art, or technology that was developed before D.E. Technologies created its solution.

Mr Argy said the Government Advisory Council had been deliberating on the issue for some 18 months.

"If the original ACS recommendation had been adopted, then much of the evidence which is likely to be put to the Appeals Tribunal could have been considered by the Patents Office before the decision to grant the patent was made," he said.

This media release is available on the ACS Web site at http://www.acs.org.au/news/120903.htm

ENDS

About the Australian Computer Society: The ACS is the recognised association for information technology (IT) professionals, attracting a large and active membership from all levels of the IT industry and providing a wide range of services to its 16,000+ members. A member of the Australian Council of Professions, the ACS is the public voice of the IT profession and the guardian of professional ethics and standards in the IT industry, with a commitment to the wider community to ensure the beneficial use of IT. See the ACS Home Page for more information.

Media Enquiries:

Philip Argy, ACS Vice President, Tel: (02) 9296 2054, Email: pargy@acslink.net.au

Caroline New, ACS PR Consultant, Tel: (02) 9555 1986 or (0411) 889 456, Email: cnew@acslink.net.au