Now that special leave has been refused, the test relating to the patentability of computer‑implemented inventions is largely settled by the judgment in Aristocrat ’25.
You can read about the Full Federal Court decision and the test for patentability of computer‑implemented inventions here.
In simple terms, the test is to ask whether, properly characterised, the subject matter alleged to be patentable is: (i) an abstract idea that is manipulated on a computer; or (ii) an abstract idea that is implemented on a computer to produce an artificial state of affairs and a useful result.
The practical application of the test by the Commissioner of Patents (and, in turn, by Patent Examiners) may require a period of bedding down as examination practice adjusts to the Full Court’s reasoning.
If you have any questions about the patentability of computer‑implemented inventions in Australia, please contact Mark J Williams.
