Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents

Aristocrat Technologies Australia Pty Ltd (Aristocrat) sought leave to appeal to the High Court of Australia against a decision of the Full Federal Court. The dispute concerned the patentability of a gaming machine feature, specifically a method for operating a gaming machine that involved a "feature game" triggered by a "feature symbol" appearing on a "feature reel". The Commissioner of Patents opposed the grant of the patent on the grounds that the invention, as claimed, was not a manner of new manufacture under section 18(1)(a) of the *Patents Act 1990* (Cth) and was otherwise not a patentable invention.

The High Court was required to determine whether the claims in Aristocrat's patent application, which described a method for operating a gaming machine, constituted a patentable invention under the *Patents Act 1990* (Cth). Specifically, the Court had to consider whether the claimed method, involving specific steps related to the appearance of symbols on reels and the triggering of a feature game, fell within the category of a "manner of new manufacture" as required by section 18(1)(a) of the Act. This involved an assessment of whether the invention was a practical application of scientific or technical knowledge, rather than an abstract idea or mere scheme.

The Court reasoned that the claims, as drafted, did not define a practical application of scientific or technical knowledge in a way that would constitute a manner of new manufacture. Instead, the claims were found to describe a mere scheme or abstract concept for operating a gaming machine, lacking the necessary specificity and technical character to be patentable. The Court applied the established principles for determining patentability, including the requirement that an invention must be a practical application of scientific or technical knowledge and not merely an idea or a business method. The Court noted that while a machine itself might be patentable, the method claimed here was too abstract and did not describe a tangible or concrete outcome.

The High Court dismissed Aristocrat's application for leave to appeal.