Report: Second edition of Webinars for Judges on Patentability of Computer-Implemented Inventions

July 29, 2020

WIPO’s new series of Webinars for Judges continued with its second episode on July 1, a stimulating exploration in Laying the Boundaries of Patentability in Computer-Implemented Inventions.

Three expert speakers, Justice Stephen Burley of the Federal Court of Australia, Circuit Judge Kimberly A. Moore of the United States Court of Appeals for Federal Circuit and Senior Judge Edger F. Brinkman of the Court of the Hague, provided rich insights into the different approaches taken toward defining patentable subject matter in the context of computer-implemented inventions. In stepping through the recent significant jurisprudence in their jurisdictions, the speakers shared a powerful resumé of the applicable legal frameworks, the distinct legal tests and characterizations they engender, and the ways in which these have been applied.

The discussion also benefited from interventions by fellow judges from Canada, China, Mexico, Russian Federation, United Kingdom, United States of America and Uruguay, who shared their reflections on the similarities and convergences with judicial approaches in their own legal systems.

The broad and enthusiastic participation of 102 judges from 44 countries reflected the significance of the evolving technologies that give rise to new questions in IP law, as well as keen interest among the international judicial community in exchanging with and learning from judicial peers across jurisdictions. Thanks to simultaneous interpretation provided through the online platform, the webinar was conducted in English, French and Spanish.

The webinar proved an enriching follow-up to the fascinating and timely discussion on Delivering Justice for IP Cases during Covid-19 Confinement and Beyond that kicked off the Webinars for Judges series on May 5, led by Justice Colin Birss of the High Court of Justice of England and Wales, Judge Du Weike of the Supreme People’s Court of China, and Judge Kathleen M. O’Malley of the United States Court of Appeals for Federal Circuit, who discussed their experiences of the innovations and challenges of judicial adjudication during global physical distancing.

Stay tuned on the WIPO Webinars for Judges website for the next webinar in the series.