Following the Full Federal Court decision in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131, the Commissioner of Patents considers that it is necessary to modify the approach of the Patent Office in examining computer-implemented inventions.
IP Australia updated the guidelines in its Manual of Practice and Procedures to reflect the outcome of the decision. We will continue to consider the feedback we receive and will also consult directly with key stakeholder groups in the coming months.
To provide feedback on the Manual update, please email the Quality and Examination Practice Team (QEP): MDB-QEP@ipaustralia.gov.au.
While updating the Manual to reflect the decision of the Full Federal Court, the Commissioner of Patents has today sought special leave to appeal the decision to the High Court of Australia. In reaching his decision to seek leave to appeal, the Commissioner of Patents carefully considered the public interest, including:
- challenges the decision presents in applying a consistent set of principles to assess patent eligibility – both in this case and other cases involving computer-implemented inventions;
- the increasing prevalence and technological convergence of computer-implemented inventions and the need for sufficient clarity to administer and apply the Patents Act 1990 in an effective and efficient manner; and
- to steward confidence in Australia’s patent system —so applicants and examiners can make informed decisions with a greater degree of certainty and trust in the integrity of the system.
The decision by the Commissioner of Patents to seek leave to appeal was made having regard to the Commonwealth’s obligation to act as a model litigant, and to the Hardiman Principle.