Rokt Pte Ltd v Commissioner of Patents

Rokt Pte Ltd appealed against decisions of the Commissioner of Patents, challenging the validity of a patent application. The dispute centred on whether the invention described in the patent application, a digital advertising system and method, constituted a "manner of manufacture" as required by section 18(1)(a) of the Patents Act 1990. The crux of the matter was whether the invention's novelty lay in its computerisation and whether the specification enabled a person skilled in the art to implement the patent.

The court needed to determine if the patent application disclosed a manner of manufacture, specifically whether the claimed invention involved a technical advance that was not merely a business method or scheme implemented in a computer. The court also had to assess if the patent specification sufficiently detailed the invention to allow a person skilled in the art to implement it. The Commissioner argued that the patent lacked the necessary detail to enable a skilled person to implement the invention, while Rokt Pte Ltd contended that the patent was sufficiently detailed and represented a technical advance.

The court found in favour of Rokt Pte Ltd, holding that the patent application did disclose a manner of manufacture and that the invention involved a technical advance. The court preferred the evidence of Professor Verspoor over that of Mr Ries, finding her more qualified and her testimony more reliable. The court concluded that the invention's inventiveness lay in the computerisation and the combination of techniques in an innovative way. The patent specification was deemed sufficient to enable a person skilled in the art to implement the invention.

The court allowed the appeal, dismissed the notice of contention, and set aside the Commissioner's decisions. The patent application No. 2013201494 was ordered to proceed to grant, with the Commissioner paying Rokt Pte Ltd's costs.