Author: Peter Caporn, Principal
A recent decision from the Australian Patent Office has held that ExxonMobil’s otherwise novel and inventive method of designing an LNG plant is nothing more than a scheme and is consequently unpatentable. Woodside opposed the grant of the Australian Patent Application after it had been accepted by the Patent Office. ExxonMobil overcame several grounds of opposition but fell short when attempting to argue that the claimed method was more than just information and a simple scheme. The methods claimed included steps for running a process simulation model, determining a cost measure and altering process variables as you re-run the simulation.
Recent decisions from the Australian Federal Courts have clarified that computer implemented inventions must have the computer as integral to the invention. This was said not to be the case for ExxonMobil’s invention. We will need to wait to see if ExxonMobil appeal’s this decision. Whilst it may have had little impact in this specific case, it is clearly very important to consider how best to portray and describe an invention when preparing a patent specification, taking into account the latest developments in relevant case law. ExxonMobil’s application may well have been granted, even if opposed, were it accepted as little as 2 years earlier.
From Woodside’s perspective, their active monitoring of accepted Australian patents that may impact on their freedom to operate has again paid off. Monitoring services of this nature are very cost effective. The full decision can be read here.