On 5 June 2020 Justice Burley of the Australian Federal Court issued a decision finding that Aristocrat’s blockbuster Lightning Link technology was patentable subject matter. The Commissioner of Patents had previously refused to allow the relevant patents, prompting Aristocrat to appeal.

There have been a number of recent Federal Court decisions rejecting the patentability of computer-implemented inventions and G+T’s success in this case represents a swing in momentum.

Gilbert + Tobin IP partner John Lee represented Aristocrat and said:

“We are delighted to achieve this outcome for our client. This decision endorses Aristocrat’s considerable investment in innovation and in its substantial patent portfolio.”

The Gilbert + Tobin team included lawyers Irini Lantis, Amelia Cooper and Simone Hall.

The Commissioner of Patents has yet to indicate if they propose to appeal.