Burley J found that the claimed invention was not for a mere scheme or business method as it comprised hardware and software components, and was therefore patent eligible. His Honour ultimately did not find it necessary to proceed beyond the first question. Whether the invention lies in the computerisation of the method, or whether the language of the claim involves ‘merely plugging an un-patentable scheme into a computer. Whether a claimed invention is for a mere scheme or business method of the type that is not the proper subject matter of a patent then Key to Burley J’s first instance decision was the assessment of patent eligibility of computer-implemented inventions by a ‘two-step’ approach which asks:
As such, the decision of the Full Court is now aligned with the decision of the Delegate of the Commissioner of Patents that Aristocrat’s claim was not to a manner of manufacture and accordingly ought not proceed to grant. The decision of the Full Court is an appeal by the Commissioner of patents from Burley, J at first instance who found that Aristocrat’s claim to an electronic gaming machine ( EGM) and feature game was patent eligible (i.e. The decision expands upon principles for assessing the eligibility of computer-implemented technology, but the line between assessing eligibility and other aspects of patentability remains blurred. The vexed issue of ‘patent eligibility’ for computer implemented inventions has raised its head again in Australia, this time in the Full Court of the Australian Federal Court decision of Commissioner of Patents v Aristocrat Technologies Australia Pty Ltd FCAFC 202.
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