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

SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
 
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role
SLAPP Censorship - Part 31 Out of 200: Speaking About 20+ Years of Alleged Harassment/Defamation and High-Profile 'Targets' of Garrett
attempts were made to settle (in effect end the case) by the person who started the case almost half a dozen times along the way
In Asia, Windows is in Its Teens (Below 20%)
On a global scale, Windows is down to about 26%
GNU/Linux Becoming More Universal
It seems likely the end of Vista 10 coinciding with a sharp rise in memory prices (and now energy prices) will benefit GNU/Linux and therefore give us more to write about
Low Morale at IBM and Perception of Destructive Management
IBM is going nowhere, fast
Gemini Links 02/04/2026: Super Mario Galaxy Movie and New Antenna Instance
Links for the day
It Seems Like Google News Cracked Down on (Omitted, Delisted) a Lot of Slopfarms
There's no justification/point in spending so much energy just to plagiarise things poorly
Can Economies Like the American One Hang On?
The coming weeks will be "interesting" unless wars end
Steam Survey for Last Month Says 5.33% Use GNU/Linux
big leap for GNU/Linux
Links 02/04/2026: Science News, Energy Scarcity, Oil Sold in Yuan
Links for the day
Links 02/04/2026: Apple Turns 50, Efforts To Ban VPNs
Links for the day
Gemini Links 02/04/2026: Kubernetes With FreeBSD, OFFLFIRSOCH, and Great Circle Distance
Links for the day
Dr. Andy Farnell on Microsoft Silencing or Deplatforming Opposition in the UK and Elsewhere
Microsoft as a king or a kind of "religion" one cannot question
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 01, 2026
IRC logs for Wednesday, April 01, 2026