Don’t Rokt the boat: developments in the patentability of computer implemented inventions in Australia

With the continued rise of digital technologies and mining of big data, computer implemented inventions (CIIs) are being increasingly utilised in a wide range of industries. CIIs enable companies to deliver more personalised products and solutions to consumers, whether in the form of more personalised medical treatments and diagnostic tools in the pharmaceutical and healthcare industries or in the sphere of more personalised and targeted marketing. There has long been a question mark over the patentability of CIIs in Australia. However, in a positive development for creators of CIIs in Australia, his Honour Justice Robertson of the Federal Court of Australia has recently overturned the Australian Patent Office’s (APO) rejection of a patent application for a CII relating to a digital advertising system and method, finding that the application constitutes patentable subject matter (that is, it is a manner of manufacture). The decision of Rokt Pte Ltd v Commissioner of…

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