16 March 2026
As reported in our earlier news item, the High Court of Australia recently declared that the Full Federal Court in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131 had “applied established principles concerning the assessment of manner of manufacture and reached a unanimous and clear conclusion as to characterisation” when assessing whether a claimed invention was suitable subject matter for a patent in Australia.
The Full Court had found that claims directed to an electronic gaming machine were patent eligible subject matter, based on a characterisation of the claimed invention that took into account all features present in the claim, “encompassing the combination of both the inventive and the non-inventive elements”.
In light of these decisions, IP Australia reviewed its examination practices relating to assessing patent eligible subject matter. Blackwattle IP contributed to this review, as part of a consultation with other stakeholders.
IP Australia today published changes to its Manual of Practice and Procedure, including revised versions of the following chapters in relation to patent-eligible subject matter (manner of manufacture):
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General Principles – Assessing Manner of Manufacture
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Discoveries, Ideas, Scientific Theories, Mere Schemes and Plans
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Computer Implemented Inventions, Mere Schemes, and Business Methods
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Games and Gaming Machines
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Mathematical Algorithms
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History of Manner of Manufacture
Blackwattle IP will be reviewing the changes and providing feedback to IP Australia. If you would like to provide feedback, please use the provided link or send your comments and feedback to us at Blackwattle IP.
