The High Court of Australia will hear the appeal in the Aristocrat v Commissioner of Patents case (see our earlier post for more details) this Thursday and Friday, 9 and 10 June 2022. This is an extremely important case directed to the correct approach for assessing patent eligible subject matter, particularly pertaining to computer-implemented inventions.

The threshold test for patent eligible subject matter is distinct from the other grounds of novelty, inventive step, sufficiency of description, and best method. Further, the threshold for patent eligible subject matter should be consistent across all technology areas.

We will report on the High Court’s judgment in due course – stay tuned!