Full Court Minute Books

Case S40/2022

Aristocrat Technologies Australia Pty Ltd v. Commissioner of Patents

Case No.

S40/2022

Case Information

Lower Court Judgment

03/06/2021 Federal Court of Australia (Middleton, Perram & Nicholas JJ)

[2021] FCAFC 202

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.

Documents*

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)

 

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