Commissioner of Patents v Rokt Pte Ltd [2020] FCAFC 86 (21 May 2020) (Rares, Nicholas and Burley JJ)


Catchwords:


PATENTS – patent application for a digital advertising system and method – claimed invention is implemented using computer technology – whether a manner of manufacture within the meaning of s 18(1)(a) of the Patents Act 1990 (Cth) – whether primary judge erred in finding that the resolution of the proceedings below lay “largely in the realm of facts” – whether primary judge erred in accepting expert evidence as determinative of whether the claimed invention was a manner of manufacture – approach to characterising the claimed invention – appeal allowed