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ARTICLE · 02 SEPTEMBER 2026

Australia | When Hardware Matters: Computer-implemented Inventions After Aristocrat

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Following a landmark Australian Federal Court decision, IP Australia has updated its guidance on patentable subject matter for computer-implemented inventions. The first Patent Office decision applying this new approach reveals critical distinctions in how technical features must be claimed to secure patent protection for software-based innovations in mining and industrial applications.

AustraliaIntellectual Property
Sudhanshu Ayyagari
Sudhanshu Ayyagari
Paul Massey
Paul Massey
Michelle Blythe
Michelle Blythe
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Following Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131 (Aristocrat ‘25), IP Australia updated its Patent Manual guidance on patentable subject matter for computer implemented inventions (CIIs). We explore the implications of the first Australian Patent Office decision to apply that updated approach: CQMS Pty Ltd v Joy Global Surface Mining Inc [2026] APO 19 (CQMS).

As discussed in our earlier article on those updates, the pathway for protecting computer-implemented inventions in Australia is now clearer, but remains highly dependent on how the invention is claimed.

The CQMS decision confirms that useful or commercially valuable outcomes are not sufficient on their own. The claims must still define patentable subject matter, assessed by reference to the substance of the invention as claimed.

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