Bonum Certa Men Certa

Australian Law Firms Fight to Bring Software Patents Back to Australia

Summary: An appeal of a rejection of a patent application at IP Australia has been spun by the litigation industry of Australia; people are expected to believe that something truly massive has just happened and that software patents are miraculously rendered valid now

THE importance of Australia's patent office (IP Australia) isn't high because of the country's relatively small population. Software patents in that country, however, matter to us because Australia is an English-speaking country whose policies sometimes influence (but are more often influenced by) the West. This is why we keep track of Australian patent affairs as well, albeit not so often.

The Australian Financial Review, part of the corporate media in Australia, published this misleading headline earlier this month. "ROKT win against IP Australia a victory for tech start-ups," declared the headline (not even with quote signs, i.e. attributed to someone's mere claims), but that's a lie. Software patents harm startups the most. ROKT is trying to prop up some dubious patent in Australia after examiners/courts repeatedly said no. This is the latest:

The ruling sets a precedent for how IP Australia assesses innovation in software, almost four years after the authority started knocking back more software patents after a 2015 case in which the full Federal Court ruled only patents for technical innovations (like hardware developments) were acceptable, not business model innovations or methods.


The case deals with just one patent and the Federal Court isn't the highest court. But one can be sure that law firms in Australia will leap at this opportunity nonetheless, looking to influence the outcome and market such patents to potential clients (applicants, litigation and so on).

"One can trust law firms to always twist and spin the smallest of things as monumental changes, albeit only when it suits them (and ignore those things when the outcome isn't desirable to their bottom line)."The above case may have impact and set a precedent; but it does not mean that software are back to Australia as it's about one single patent.

FB Rice's Madeleine Kelly wants lots of litigation, so anything that gives legitimacy to software patents in Australia makes her eager to mislead and gets her excited. "New lease of life for software patents in Australia" was the title of her article. A more moderate headline was "IP Australia lose patent dispute over software patent" (yes, just one). To quote:

Ecommerce marketing company Rokt has won the right to have its software patent granted following a dispute with IP Australia.

In a ruling, justice Alan Robertson overruled a previous ruling from the Australian IP commissioner which denied Rokt’s patent.

Robertson found the patent to solve “not only a business problem but also a technical problem” and ordered the patent to proceed to grant.


So one patent is being granted. That is all.

Firms that aggressively lobbied for software patents (lawyers obviously!) have reared their ugly heads again. An article by Brook Dyer and Anton Blijlevens (AJ Park) said this: (mind the bizarre use of the term "computer-implemented business method")

In Rokt Pte Ltd v Commissioner of Patents [2018] FCA 1988, a recent decision by the Australian Federal Court, it was found that a computer-implemented business method is patentable subject matter in Australia.

This decision has provided clarification regarding the extent to which computer-implemented business methods can be eligible subject matter for patent protection in Australia, which has been an area of uncertainty in recent years.


Not uncertainty; it was a ban. Moulis Legal's Warren Wong used an artistic headline, "Between Rokt and a hard place," and as one might expect from law firms it's just mostly marketing wrapped up as 'analysis'.

Just because some company managed to get a software patent granted (after expensive appeals) at a court below the top court does not mean that software patents are in general, overnight, valid in Australia. Notice that this doesn't even deal with a lawsuit but mere examination (the lowest form of appeal). One can trust law firms to always twist and spin the smallest of things as monumental changes, albeit only when it suits them (and ignore those things when the outcome isn't desirable to their bottom line).

Recent Techrights' Posts

The Linux Foundation (Fronting for Microsoft and Bill Gates, Not Linux) Makes Cyberspace Less Secure
Security is not the goal
[Meme] The Most Important Things When Committing Crimes
pronouns
Materialistic Culture of Fake Possessions and Fake Popularity
Fake popularity is part of a "chicken and egg" thing
 
Links 28/11/2024: Pakistan Turmoil, TuxCare Changes, and More 'Open'AI Problems
Links for the day
Links 28/11/2024: Privacy, DNS, and Python
Links for the day
[Meme] When Social Control Media is Over
Any deathbed regrets?
Death of Human Interaction
How much are future generations being "damaged" by premature introduction of skinnerboxes and, perhaps more importantly, is there any "safe" age?
Dr. Andy Farnell: "Electronic Voting" is a Solution to a Problem That Doesn't Exist
The arguments are similar to ones that we've made for years
Deny the Shopping Holiday, Celebrate the Real Holiday
Buy Nothing Day
The EPO's General Consultative Committee (GCC) Meeting Last Month Sought to Remove Genders (But It's Nearly Impossible in French and German)
there are so many major problems at the EPO; this one seems like a minor distraction and perhaps one that suits corrupt management (misdirection of anger)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 27, 2024
IRC logs for Wednesday, November 27, 2024
Links 27/11/2024: “Writing Month”, "Cybertorture", and Qualcomm Trouble
Links for the day
Gemini Links 27/11/2024: How the Exoteric Relates to the Esoteric, a Look at BASIC
Links for the day
If the Reputation of the European Union for Rule of Law Has Diminished, Blame EPO and the German (Also the Dutch) Government for Facilitating It
We'll soon publish some new EPO material
[Meme] Same Thing, Different Job Title
"Server sysadmin; Clown computing consultant"
Imagine Patents on Musical Compositions and Cooking Recipes
The very existence of software patents must come to an end
"Latest Technology News" in BetaNews is Press Release SPAM (or LLM Slop, Marketing, Fake 'Review')
What they call "reviews" are just ads
[Meme] Kramer is Done
Devuan is turning 10
There Are More Devuan-Based Distros of GNU/Linux Each Year
"The Veteran Unix Admin collective salutes you"
Go Offline for a Bit
yup!
Windows Falls to All-Time Low (12%) in Gabon
Gabon's data from statCounter shows this
[Meme] When Words Come to Mean the Opposite
"Keep the 'dumb' stuff, be smart about it"
In Defence of Analog (Sometimes Digital and/or "Smart" is Objectively a Lot Worse)
This past weekend (2-3 days) I spent a few hours per day saving us 250 - 400 pounds in repair bills
It Takes Microsoft Over a Day to Restore 'Microsoft 365' (360, 5 Days of Downtime)
Microsoft/Windows TCO will always be huge
[Meme] In Some Countries, Android (Linux) is Already 'the Standard'
"Wait. Sorry, we don't do Windows here, we barely use laptops."
In Gambia, According to statCounter, Windows "Market Share" is Down to 3%
in some countries Windows is already down to 1%
In Defence of CDs...
Let's say that some environmentalists focus only on visible things like plastics
This Holiday Season Dump Companies That Offload Everything to Skinnerbox "Apps", Un-Encrypted E-mail, and 'Webapps' (Proprietary JS Applications in 'Web Site' Clothing)
bot disservice
The Web is Becoming Social Control Media Junk and Fake Text Crafted by Machines (Boosted by Social Control Media via Bots Which Game Visibility/Popularity)
The misinformation machines are being increasingly automated to promote dictators and bigots
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 26, 2024
IRC logs for Tuesday, November 26, 2024
When Social Control Media in the European Union is Controlled by BRICS
Who controls TikTok?
Links 27/11/2024: Zoom Waning (Stock Falls), More Microsoft Shutdowns, and European Commission Flags Bluesky for Breaches
Links for the day
Gemini Links 26/11/2024: Disease, Vibrations, and Grief
Links for the day
Links 26/11/2024: Microsoft 360 Users Report Outages, Attacks on Journalists Plentiful Worldwide
Links for the day
Same Month Judge Suggests Selling Chrome (Compelling Google to Give It Away) Chrome Surpasses Two-Thirds of "The Market", Based on Surveyor
tackling Google's browser monoculture is still a priority
[Meme] Trying to Terrorise Critics
How Microsofters roll...
Illegitimi Non Carborundum
If you try to suppress our publication, we'll not just bark back but also bite
Why This Site Became "Simple" a Year Ago
Light is good, heavy is bad
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 25, 2024
IRC logs for Monday, November 25, 2024
Links 26/11/2024: International Microsoft Outages, Microsoft Mass Layoffs Bigger Than Reported Last Friday
Links for the day, Deutsche Welle and CBC focus
Gemini Links 26/11/2024: Not Pagan, Emacs Wiki, and More
Links for the day