High Court of Australia
HIGH COURT OF AUSTRALIA
KIEFEL CJ,
GAGELER, KEANE, GORDON, EDELMAN AND STEWARD JJ
ARISTOCRAT TECHNOLOGIES AUSTRALIA
PTY LTD APPELLANT
AND
COMMISSIONER OF PATENTS RESPONDENT
Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents
[2022] HCA 29
Date of Hearing: 9 & 10 June 2022
Date of Judgment: 17 August 2022
S40/2022
ORDER
Appeal dismissed with costs.
On appeal from the Federal Court of Australia
Representation
D Shavin QC and C L Cochrane SC with P J T Creighton-Selvay and W H Wu for the appellant (instructed by Gilbert + Tobin)
C Dimitriadis SC with E E Whitby for the respondent (instructed by Australian Government Solicitor)
F C St John with N L Gollan for the Institute of Patent and Trade Mark Attorneys of Australia, appearing as amicus curiae (instructed by Mills Oakley)
Fédération Internationale des Conseils en Propriété Intellectuelle appearing as amicus curiae, limited to written submissions
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents
Patents – Invention – Manner of manufacture – Where appellant manufactured electronic gaming machines ("EGMs") – Where appellant owned four innovation patents concerning various embodiments of EGM – Where specification described claimed invention as combination of player interface, being physical features of EGM, and game controller, being computerised components interacting with player interface to implement base game and feature game – Where player interface and game controller part of common general knowledge – Where delegate of respondent revoked innovation patents on ground that claim in each not "manner of manufacture" within meaning of s 18(1A)(a) of Patents Act 1990 (Cth) – Whether claimed invention "manner of manufacture" within meaning of s 18(1A)(a) of Patents Act.
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