Computer technology invention – CCOM Pty Ltd v Jiejing Pty Ltd [1994] FCA 1168

When the invention in substance lies in the application of computer technology (for example a technical solution to a technical problem) or in an improvement in computer technology, it will generally be considered patent eligible, subject to other requirements.

For example, a claim directed to computer processing apparatus for assembling text in Chinese language characters using a non-Chinese keyboard  (CCOM v Jiejing 28 IPR 481; (1994) AIPC 91-079) and the production of an improved curve image by computer (International Business Machines Corporation v Commissioner of Patents (1991) 33 FCR 218) have been held to be patentable.

The described apparatus in a broad sense consisted of conventional computer equipment including a database, a visual display and a keyboard. Generally, CCOM claimed an interface with a database that contained a data structure of Chinese language characters which encoded strokes by stroke type and in an order in which the strokes are written (if writing by hand).  The claim also defined software that presented the strokes on the display for the user.  The interface also provided a retrieval program and graphic representation of each character that enabled the user to select the character using the keyboard.  The overall outcome was an efficient way of retrieving Chinese characters.  Cooper J found that:

“The NRDC Case (102 CLR at 275-277) requires a mode or manner of achieving an end result which is an artificially created state of affairs of utility in the field of economic endeavour. In the present case, a relevant field of economic endeavour is the use of word processing to assemble text in Chinese language characters. The end result achieved is the retrieval of graphic representations of desired characters, for assembly of text. The mode or manner of obtaining this, which provides particular utility in achieving the end result, is the storage of data as to Chinese characters analysed by stroke-type categories, for search including ‘flagging’ (and ‘unflagging’) and selection by reference thereto.”

While the decision did not say it, an improved data structure that facilities the easier or improved finding of items in a computer implemented searching device has a material advantage.  It is not business administration, nor merely information.   

This decision makes it apparent that software related inventions can be patentable in Australia.

Source: https://manuals.ipaustralia.gov.au/patent/2.9.2.7-computer-implemented-inventions-schemes-and-business-methods