High Court Confirms the Law on Computer-Implemented Inventions 

The long-running Aristocrat litigation has finally reached its conclusion, and the result brings much-needed certainty for innovators. 

On 5 February 2026, the High Court of Australia refused the Commissioner of Patents’ application for special leave to appeal the Full Federal Court’s decision on computer-implemented inventions. In practical terms, this means the Full Federal Court’s reasoning now stands as the definitive statement of Australian law. 

For businesses developing software, AI systems, fintech platforms, gaming technologies and other digital solutions, this is significant. 

The Full Court confirmed that the correct test is whether the invention, considered as a whole, creates an artificially created state of affairs with economic utility. Importantly, claims must not be dissected or stripped of their computer implementation before assessing patentability. 

The High Court’s refusal to intervene removes the lingering uncertainty. The position is now settled. 

This development strengthens confidence in pursuing patent protection for computer-implemented technologies in Australia and may have important implications for both filing strategy and freedom to operate. 

We explore what this means for innovators and applicants, and the practical steps businesses should now consider, in our full article. 

‍Strengthen Your Software IP Strategy

If your business develops software, digital platforms, AI systems or other technology-driven solutions, now is the time to review your patent strategy.

For tailored guidance on protecting computer-implemented inventions, including patent eligibility assessments, filing strategies and commercialisation support,
please contact us. 

We can assist you in assessing existing innovations, identifying new protection opportunities and aligning your IP strategy with your broader commercial objectives.

Email us at [email protected] or phone us on +61 7 3399 4625 to explore the possibilities. 

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