Lower Court Judgment
03/06/2021 Federal Court of Australia (Middleton, Perram & Nicholas JJ)
Catchwords
Intellectual property – Patents – Manner of manufacture – Electronic gaming machine ("EGM") – Where ss 18(1)(a) and 18(1A)(a) of Patents Act 1990 (Cth) provide invention will be patentable if "manner of manufacture" within meaning of s 6 of Statute of Monopolies (21 Jac 1 c 3) – Where question before Federal Court whether invention disclosed by Claim 1 to Patent 967 constituted patentable subject matter – Where Claim 1 described EGM with particular feature game – Where primary judge approached question of patentability by asking: first, whether Claim 1 for mere business scheme; and secondly, if for mere business scheme, one implemented in computer, did invention lie in manner of implementation into computer – Where majority of Full Court adopted alternative approach whereby computer-implemented inventions would be patentable where invention claimed could broadly be described as "advance in computer technology" – Where majority concluded invention disclosed in Claim 1 computer-implemented invention and did not advance computer technology – Whether general principles of patentability apply to computer-implemented inventions – Whether computer-implemented inventions must be advance in computer technology to be patentable – Proper test of patentability for computer-implemented inventions.
10/03/2022 Determination (SLA, Canberra)
24/03/2022 Notice of appeal
20/04/2022 Written submissions (Appellant)
20/04/2022 Chronology (Appellant)
04/05/2022 Written submissions (Fédération Internationale des Conseils en Propriété Intellectuelle, seeking leave to appear as amicus curiae)
05/05/2022 Written submissions (The Institute of Patent and Trade Mark Attorneys of Australia, seeking leave to appear as amicus curiae)
11/05/2022 Written submissions (Respondent)
20/05/2022 Reply
09/06/2022 Hearing (Full Court, Canberra) (Audio-visual recording)
09/06/2022 Outline of oral argument (Appellant)
09/06/2022 Outline of oral argument (Respondent)
09/06/2022 Outline of oral argument (The Institute of Patent and Trade Mark Attorneys of Australia, appearing as amicus curiae)
10/06/2022 Hearing (Full Court, Canberra) (Audio-visual recording)
17/08/2022 Judgment (Judgment summary)