Recent Cases

Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29 (17 August 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman and Steward JJ)


Patents – Invention – Manner of manufacture – Where appellant manufactured electronic gaming machines (“EGMs”) – Where appellant owned four innovation patents concerning various embodiments of EGM – Where specification described claimed invention as combination of player interface, being physical features of EGM, and game controller, being computerised components interacting with player interface to implement base game and feature game – Where player interface and game controller part of common general knowledge – Where delegate of respondent revoked innovation patents on ground that claim in each not “manner of manufacture” within meaning of s 18(1A)(a) of Patents Act 1990 (Cth) – Whether claimed invention “manner of manufacture” within meaning of s 18(1A)(a) of Patents Act.

Words and phrases – “abstract idea”, “artificially created state of affairs”, “characterisation”, “common general knowledge”, “computer‑implemented invention”, “electronic gaming machine”, “generic computer technology”, “improvement in computer technology”, “innovation patent”, “invention”, “manner of manufacture”, “mere scheme or plan”, “patent”, “patentable subject matter”, “proper subject of letters patent”, “Statute of Monopolies”, “useful result”.