Australian Patent Office Appeals Rokt Decision

Date: 2019-01-23

In our article at the end of last year, we reported on the important decision of the Federal Court of Australia in Rokt Pte Ltd v Commissioner of Patents  [2018] FCA 1988 (Rokt).

In Rokt, a single judge of the Federal Court overturned a decision of the Australian Patent Office that a certain computer-related invention did not constitute patent-eligible subject matter.

On 16 January 2019, the Australian Patent Office filed an application for leave to appeal against the decision of the Federal Court.

We will closely monitor the progress of the Rokt appeal and report its result once it is delivered.

We also note that another important case (Encompass Corporation v Infotrack1) (Encompassconcerning the issue of patentability of computer-related invention was heard by an expanded bench of the Full Federal Court of Australia during November 2018. We expect the decision in Encompass to be delivered in the coming months. Although the Australian Patent Office is not a party to the Encompass proceedings, the Full Federal Court’s decision nevertheless has the potential to impact on this vitally important question of Australian patent law for years to come.

1 NSD734/2018