Rokt Pte Ltd
Case
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[2016] APO 66
•11 October 2016
Details
AGLC
Case
Decision Date
Rokt Pte Ltd [2016] APO 66
[2016] APO 66
11 October 2016
CaseChat Overview and Summary
The case involved Rokt Pte Ltd as the applicant, who sought a patent for a method involving the presentation of targeted engagement offers and advertisements. The dispute was heard by Dr N.R. Madsen, a delegate of the Commissioner of Patents in Australia. The central legal issue was whether the claims in Rokt's patent application were directed to a manner of manufacture and if they constituted patentable subject matter under Australian patent law. The applicant argued that the invention was a process that offered a material advantage in the economic field, drawing on the seminal case of National Research Development Corporation v Commissioner of Patents.
Dr Madsen examined the substance of the claims, focusing on whether the invention's essence lay in the use of a computer program to present engagement offers and advertisements. The applicant argued that the computer was integral to the claimed invention and that the program could perform functions faster than humans. However, Dr Madsen found that the specification did not suggest any necessary complexity in the process, and the schematic diagrams merely showed a standard computer network arrangement. Consequently, Dr Madsen concluded that the claims were not directed to a manner of manufacture and lacked patentable subject matter. The decision provided a one-month period for Rokt to file amendments and supporting submissions before a final determination would be made. Absent any amendments, the application would be refused.
Dr Madsen examined the substance of the claims, focusing on whether the invention's essence lay in the use of a computer program to present engagement offers and advertisements. The applicant argued that the computer was integral to the claimed invention and that the program could perform functions faster than humans. However, Dr Madsen found that the specification did not suggest any necessary complexity in the process, and the schematic diagrams merely showed a standard computer network arrangement. Consequently, Dr Madsen concluded that the claims were not directed to a manner of manufacture and lacked patentable subject matter. The decision provided a one-month period for Rokt to file amendments and supporting submissions before a final determination would be made. Absent any amendments, the application would be refused.
Details
Key Legal Topics
Areas of Law
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Intellectual Property Law
Legal Concepts
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Patent Law
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Patentable Subject Matter
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Computer-Implemented Inventions
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Citations
Rokt Pte Ltd [2016] APO 66
Most Recent Citation
CareFusion 303, Inc. [2021] APO 9
Cases Citing This Decision
12
Rokt Pte Ltd v Commissioner of Patents
[2018] FCA 1988
CareFusion 303, Inc
[2021] APO 10
CareFusion 303, Inc.
[2021] APO 9
Cases Cited
8
Statutory Material Cited
0
Amadeus S.A.S
[2016] APO 56
Aristocrat Technologies Australia Pty Limited
[2016] APO 49
Commissioner of Patents v RPL Central Pty Ltd
[2015] FCAFC 177