In our previous article on the topic of patentable subject matter of computer implemented business methods, we recommended that until a decision in the appeal of Research Affiliates LLC v Commissioner of Patents [2013] FCA 71 has been handed down, that Applicants whose applications have similar subject matter delay responding to an adverse examination report, or delay requesting examination. As the Research Affiliates appeal was heard in November 2013, a decision was likely to be handed down by the middle of this year.

However, recent developments mean that it still may be several more months before the decision is published by the Full Federal Court.  In a Court order dated 22 July 2014 the parties were given leave to file and serve further written submissions of no more than two pages in length to address the relevance to the Research Affiliates proceedings of the recent US Supreme Court Decision Alice Corp Pty Ltd v CLS Bank International, 134 S Ct 2347 (2014).  The parties were given until 4:30 pm on 4 August 2014 to serve the further written submissions.

Based on this latest development, we now believe that the court will require at least a few additional months to review the further submissions before handing down its decision.  Thus we now expect a decision to be handed down in late October 2014 at the earliest.