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ARTICLE · 25 FEBRUARY 2026

Aristocrat case update - Special leave refused

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HC confirms a more patent-applicant-friendly approach to assessing the eligibility of computer-implemented inventions in Australia.

AustraliaIntellectual Property
Anthony Lee
Anthony Lee
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More Certainty for Innovators of Computer-Implemented Inventions

Summary

  • The High Court of Australia has refused an application by the Commissioner of Patents seeking special leave to appeal the decision of the Full Federal Court in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131.
  • The 2025 Full Federal Court decision had found in favour of Aristocrat, holding that certain claims directed to an electronic gaming machine (EGM) were patentable subject matter contrary to the position of the Commissioner of Patents. The High Court considered the approach proposed by the Full Federal Court decision was correct and so declined the special leave request.

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