Today, the Full Federal Court dismissed the appeal in Encompass Corporation Pty Ltd v Infotrack Pty Ltd.

The appeal has been closely followed by those in the ICT space due to its consideration of the approach to the Manner of Manufacture (patentable subject matter) test in the context of computer implemented inventions. Unusually, this case was heard by a Full Bench (five judges) of the Federal Court, and is thought to be one of the first cases under Australian Patent Law, where both IP Australia and the Institute of Patent and Trademark Attorneys sought leave to intervene in the proceeding.

The reasons for judgment have been issued here and our full analysis will follow next week – but broadly speaking the judgment endorses Research Affiliates and RPL Central, and the law is unchanged in that regard.

If you have any questions about how the outcome of this case affects your current or future patent applications, please contact Mark Williams at or Raffaele Calabrese at


Mark’s academic background is in computer science and electrical engineering. He assists clients in obtaining and enforcing their intellectual property rights in the areas of software, electronics and engineering. Prior to joining Phillips Ormonde Fitzpatrick, Mark worked for a leading automotive manufacturer.