It’s a scheme! Rokt overturned in Full Federal Court decision on patentable subject matter

The long-awaited decision in the appeal of Rokt Pte Ltd v Commissioner of Patents [2018] FCA 1988 has finally been handed down, with the Full Federal Court finding the application to be “a marketing scheme”, and establishing that the claimed invention is not patentable subject matter.   The Full Federal Court has handed down their

Facebook wins on patentable subject matter despite generic computer implementation

In a recent Australian Patent Office decision of Facebook, Inc. [2020] APO 19 (21 April 2020), a Delegate for the Commissioner of Patents (the Delegate) found that claims to a method that helps applications share information are directed to patentable subject matter based on the technical improvement provided, despite concluding that the claims only required

High Court confirms patentability of methods of medical treatment

Consideration of what constitutes patentable subject matter has been a recurring theme in both Australian and US courts this year: In Australia, the Federal Court has considered the patentability of genetic/biological material (Cancer Voices Australia v Myriad Genetics Inc) as well as software and business methods (Research Affiliates LLC v Commissioner of Patents) In the US, the Supreme