manner of manufacture

Aristocrat hits the jackpot in Federal Court ruling

In the recent decision in Aristocrat Technologies Australia Pty Limited v Commissioner of Patents [2020] FCA 778 (Aristocrat Case), the Federal Court had to consider whether a claim in four (4) innovation patents directed to an electronic gaming machine (EGM), having a combination of physical parts and computer software for gameplay, was a manner of manufacture.  The Federal Court ultimately found that the delegate of the Commissioner of Patents (Delegate) had erred in deciding that the claims were not a manner of manufacture. [Read more…]

Computer-implemented inventions and patentability

The question of patentability of so called “computer-implemented” inventions has been the subject of legal debate in Australia for a number of years.  The September 2018 of the Full Court of the Federal Court in  Encompass Corporation Pty Ltd v Infotrack Pty Ltd [2019] FCAFC 161 was long anticipated by intellectual property lawyers and patent attorneys alike, who were eager to see a more substantial analysis about the patentability of computer-implemented inventions.  However, the expanded five-judge bench of the Full Federal Court expressly declined to provide this guidance because they did not believe the case raised any significant question of principle in this regard, and focussed  on ‘manner of manufacture’ as a ground for revocation. [Read more…]

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