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

IBM is Killing Red Hat's Portfolio - Including Linux - to Prop Up Ponzi Scheme ("AI")
IBM is killing Red Hat
Gemini Links 02/03/2026: Weird Phone Calls, Small Phones, and Exploring Racket
Links for the day
EPO "Cocaine Communication Manager" - Part V - Jobs at the EPO for Those Connected to Cocaine Addicts (Skills Not Required)
EPO management is trying to shoot the messenger
Teaser: The Next Series About the SRA, Which Would be Just as Effective as It Is Right Now If It Had Zero Employees
the lapdog (of the "litigation industry") that is meant to be perceived as a watchdog
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part I - Introduction
The SRA is a sham. Many people know this already, but we want to document our own experiences with it.
Live Simply, Live Better
Life isn't about "collecting" possessions; it's about doing things that matter and accumulating knowledge so as to make better choices
 
"Over 1,100 Law Firms Gone in Five Years" in the United Kingdom (UK) Alone
There are basically way too many lawyers (looking for "business", e.g. threats and lawfare) and not enough positions to fill
Microsoft FUD From Microsoft Site Helps Distract From Actual Microsoft Back Doors
Published on a Sunday
Free Software Foundation Needs to Become More Active in Europe to Avoid Impersonation by Microsoft-Sponsored Groups
So far we've hardly seen the FSF saying anything at all about the US president
Links 02/03/2026: "Not Envious of Billionaires" and Palantir SLAPPs "Swiss Magazine For Accurately Reporting That The Swiss Government Didn't Want Palantir"
Links for the day
There Has Never Been a Better Time to Quit Social Control Media
Those networks are selling something. And that something is not peace because peace does not sell "attention".
Microsoft Users Drowning in Slop, If They Complain Microsoft Censors Them
Like an authoritarian regime
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 01, 2026
IRC logs for Sunday, March 01, 2026
Speed of Sites Matters
Being easily accessible all the time matters to us
Dr. Andy Farnell on "Good Tech"
in the age of "rent everything" and "own nothing"
Gemini Links 01/03/2026: Simpler Software and Announcing OFFLFIRSOCH (OFFLine-FIRst SOftware CHallenge) 2026
Links for the day
Booz Allen Hamilton, the Former Employer of Edward Snowden (NSA Contractor), is Drowning in Debt
Can Supreme Leader Cheeto bail it out like he does slop companies?
On the Concept of "Protected Class" (or Race) at IBM
It's self-harming as in practice it imperils the company and harms the reputation/brand
The Mass Layoffs at Microsoft That Nobody in the "News Industry" Wants to Talk About (and TheLayoff.com Censored, Then It Censored the Evidence of the Censorship)
They basically cover up how they censored the news about Microsoft layoffs
Richard Stallman to Give at Least Three Talks in Switzerland, Starting This Week
No mention (yet) of the Bern talk
On Who 'Speaks for' Techrights
typically a case of misrepresenting the site
'FSFE' an Imposter in Europe, Paid by GAFAM to Represent GAFAM Interests
The Microsoft-sponsored 'FSFE', which violates the terms of use of its name, is causing confusion [...] formally-recognised institutions got tricked into thinking that the Microsoft-sponsored 'FSFE' is the FSF
Lots of Lies From the Slop Industry
The slop industry relies on fake news to give a notion or fake demand
Links 01/03/2026: American Plutocrats Buy American Media While American Constitution Shredded
Links for the day
Now That XBox is Pretty Much Dead and There Are Mass Layoffs at Microsoft
This means our predictions about Microsoft (and XBox) are "falling into place"
Gemini Links 01/03/2026: "In the Spirit of OFFLFIRSOCH" and "Delete Patreon"
Links for the day
ACM Lowers Its Standards for Age of Autocracy
IBM is more than happy to work with autocracies
The term FUD (fear, uncertainty, doubt) was created to describe IBM's tactics and IBM is doing it again
Rob Thomas or "RT"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 28, 2026
IRC logs for Saturday, February 28, 2026
Slop is Distraction
LibreWolf will never include any of this slop nonsense, no matter if toggled on or off
Cult inquiry: Parliament of Victoria, last chance to have your say
Reprinted with permission from Daniel Pocock
Internet Relay Chat (IRC) Turns 37.5
Can IRC reach age 75?
Gemini Links 28/02/2026: Loadbars 0.13.0, IME (Input Method Editor), and ColorColumn in Vim
Links for the day
Two EPO Strikes in March (Maybe More)
As per the SUEPO diary [...] We still have an ongoing series about the EPO, with several more series to start later
Why We Are Concerned About the SRA's Failure and What That Means to the Profession of Lawyers in the UK
Unregulated industries will lose their credibility as there is a threat of growing perception that they operate outside the law rather than practice law
Over 10,000 Pages/Articles Per Year?
Probably my most productive month, ever
Keeping Techrights Online 99.99% of the Time
Some time later this year we'll tell a very long story about how extremists attacked our webhosts
Richard Stallman, Founder of the Free Software Movement, Will be Giving Public Talk in Bern (Switzerland) in Less Than 12 Days
We are still doing a series about him and his talks
Still Lots of IBM Departures
It's not that we lack evidence of IBM layoffs. It's just that we have ample evidence of the press not doing its job (or barely existing anymore).
The Register MS Standards: Promote a Ponzi Scheme in Exchange of Money
Once upon a time it was a serious publisher. Months ago it was taken over by a Microsoft person.
Slopfarms' Demise Looks Like the Beginning of the End (Lowered Demand for Slop)
Slop about "Linux" has gotten hard to find this past week
Dr. Andy Farnell: Time to Pull the Plug?
insightful, as usual
Links 28/02/2026: "Tehran’s Two-Tiered Internet", "Internet Under Fire"
Links for the day
When an Entire News Site is About One Topic (and One Topic Only)
Tomorrow we start a new series for the new month
Links 28/02/2026: Bill Epsteingate Admits Sex With Young Girls, "Epstein Files Are the Horror That Keeps on Giving"
Links for the day
IBM: Where Companies Come to Perish
thelayoff.com is censoring stories
Tech Layoffs Are Not Because of Slop, They're an Effect of a Rotting Economy and Tech Giants Being Too Deep in Debt
Block is rapidly sinking in debt
The Slopfarms' Business Case (or Business Model) Never Existed and Nowadays, in 2026, They've Mostly Collapsed
Hopefully by year's end many slop suppliers will be offline and slopfarms that rely on them throw in the towel
March in London Today Against Slop's Harms to Society (and the Environment), Starting at 12:00 GMT at the Microsoft OpenAI Office
Today there is a protest in London (UK)
Microsoft Mass Layoffs Have Officially Resumed, Microsoft's Waggener Edstrom/Frank Shaw Lied
"The former employees say this was a mass layoff"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 27, 2026
IRC logs for Friday, February 27, 2026