RPL Central Pty Ltd v Commissioner of Patents

In the Federal Court of Australia, RPL Central Pty Ltd appealed against the decision of the Commissioner of Patents to refuse to grant a patent for a method of assessing the competency or qualifications of individuals with respect to recognised standards. The invention is described as a system that aims to overcome the barriers to access to the Recognition of Prior Learning (RPL) processes within the Australian Vocational Education and Training (VET) sector. The Commissioner had determined that the claimed invention was not a manner of manufacture within the meaning of section 6 of the Statute of Monopolies 1623 (Imp), and therefore not patentable. The central issue before the Court was whether the claimed invention met the criteria for being a manner of manufacture as required by section 18(1A)(a) of the Patents Act 1990 (Cth). The Court considered the principles established by previous cases, particularly Research Affiliates LLC v Commissioner of Patents and Dynamite Games Pty Ltd v Aruze Gaming Australia Pty Ltd, which emphasised the need for a claimed invention to produce a concrete, tangible, physical or observable effect to be considered a manner of manufacture. The Court concluded that the invention in question did meet these criteria, as it involved a method that could produce a concrete and tangible effect in the physical device through which it is applied. Therefore, the Court found that the invention was a proper subject of letters patent and a manner of manufacture for the purpose of the Act. The Court ordered that the parties confer and file a jointly prepared minute of order giving effect to these reasons for judgment by 4:00 pm on 13 September 2013, or, if the parties could not agree, each file and serve such a minute of order by this time.