Aristocrat Technologies Australia Pty Limited v Commissioner of Patents

Aristocrat Technologies Australia Pty Limited appealed a decision of the Commissioner of Patents, which determined that the claims in their patent for electronic gaming machines and methods for providing feature games were not to a manner of manufacture as defined in section 18(1)(a) of the Patents Act 1990 (Cth). The court had to decide whether the claims were directed to a manner of manufacture within the meaning of section 6 of the Statute of Monopolies, and thus patentable under the Act. The court considered whether the claims were for a proper subject of letters patent and whether they met the requirements of being a manner of manufacture according to the principles developed through relevant case law.

The court found that the claims were indeed to a manner of manufacture and therefore patentable. The reasoning involved a detailed examination of the claims in the context of the specification and relevant prior art, considering whether the invention as claimed was a proper subject of letters patent according to the principles for the application of section 6 of the Statute of Monopolies. The court also referred to the decision in Rokt to determine the relevance of the case to the present dispute, taking into account the written submissions from the parties post-hearing. The appeal was allowed, and the decision of the Commissioner of Patents was overturned.

The final orders required the parties to confer and provide draft short minutes as to the appropriate form of orders giving effect to the court's reasons, along with any submissions directed to areas of disagreement, including whether a further hearing was appropriate. Entry of orders was to be dealt with in accordance with Rule 39.32 of the Federal Court Rules 2011.