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ARTICLE · 06 SEPTEMBER 2023

Patenting Computer-implemented Inventions In Australia After Aristocrat

Davies Collison Cave
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In 2022, the High Court of Australia notoriously issued a split 3-3 judgement in a decision that was supposed to clarify the state of the law on patentable subject matter for computer-implemented inventions (CIIs).

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Claire Gregg
Claire Gregg
David Webber
David Webber
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In 2022, the High Court of Australia notoriously issued a split 3-3 judgement in a decision that was supposed to clarify the state of the law on patentable subject matter for computer-implemented inventions (CIIs). Instead, the split decision in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29 (Aristocrat) meant the Full Court's decision was affirmed by default and creators of CIIs were left in doubt as to what can be patented in Australia.1

The Federal Court of Australia has now issued two single judge decisions demonstrating that the door is still well and truly open to obtaining patent protection for CIIs in Australia following the frustrating outcome in Aristocrat.

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