Patent Manual Update for Computer-Implemented Inventions

IP Australia Official Notices

Published October 14th, 2025

Detected March 21st, 2026

Summary

IP Australia has updated its Patent Manual of Practice and Procedures concerning the examination of computer-implemented inventions, following a Full Federal Court decision. The Commissioner of Patents is also seeking special leave to appeal this decision to the High Court of Australia.

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What changed

IP Australia has updated its Patent Manual of Practice and Procedures to reflect the outcome of the Full Federal Court decision in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131. This update modifies the approach to examining computer-implemented inventions. Concurrently, the Commissioner of Patents has sought special leave to appeal the decision to the High Court of Australia, citing challenges in applying consistent principles for patent eligibility, the increasing prevalence of such inventions, and the need for greater certainty in the patent system.

This change requires patent applicants and examiners to adapt to revised examination guidelines for computer-implemented inventions. While the manual has been updated, the pending appeal to the High Court introduces uncertainty regarding the ultimate interpretation of patent eligibility for these technologies. IP Australia will consult with stakeholders and is accepting feedback via email. Compliance officers should monitor the outcome of the High Court appeal, as it may significantly impact patentability assessments for software and related inventions.

What to do next

Review updated Patent Manual of Practice and Procedures for computer-implemented inventions
Monitor outcome of the High Court appeal regarding patent eligibility
Provide feedback to IP Australia's Quality and Examination Practice Team if necessary

Source document (simplified)

Commissioner of Patents guidance update regarding computer-implemented inventions

On 14 October 2025, IP Australia updated the guidelines in our Patent Manual of Practice and Procedures and has sought special leave to appeal to the High Court of Australia.

Following the Full Federal Court decision in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131, the Commissioner of Patents considers that it is necessary to modify the approach of the Patent Office in examining computer-implemented inventions.

IP Australia updated the guidelines in its Manual of Practice and Procedures to reflect the outcome of the decision. We will continue to consider the feedback we receive and will also consult directly with key stakeholder groups in the coming months.

To provide feedback on the Manual update, please email the Quality and Examination Practice Team (QEP): MDB-QEP@ipaustralia.gov.au.

While updating the Manual to reflect the decision of the Full Federal Court, the Commissioner of Patents has today sought special leave to appeal the decision to the High Court of Australia. In reaching his decision to seek leave to appeal, the Commissioner of Patents carefully considered the public interest, including:

challenges the decision presents in applying a consistent set of principles to assess patent eligibility – both in this case and other cases involving computer-implemented inventions;
the increasing prevalence and technological convergence of computer-implemented inventions and the need for sufficient clarity to administer and apply the Patents Act 1990 in an effective and efficient manner; and
to steward confidence in Australia’s patent system —so applicants and examiners can make informed decisions with a greater degree of certainty and trust in the integrity of the system. The decision by the Commissioner of Patents to seek leave to appeal was made having regard to the Commonwealth’s obligation to act as a model litigant, and to the Hardiman Principle.

Published date 14 October 2025 Patents Our website uses cookies to improve your experience. Learn more about how we use and collect data Accept Opt Out