IP Spotlight - December 2025

Signal-based access control ( UbiPark v TMA Capital [2023] FCA 885) Scanning methods in radios ( Motorola v Hytera [2022] FCA 1585) A HOLISTIC ASSESSMENT OF CLAIMS The Court affirms that the proper method for assessing the patentability of the claims is to characterise the claim’s integers as viewed as a whole, including the combination of both inventive and non-inventive elements. This is in contrast to giving undue weight to the inventive aspects of the claim over the non-inventive aspects, while also conferring due recognition to physical elements of the claim that are not inventive but are essential to the invention’s operation. IMPLICATIONS FOR TECH-FOCUSED INDUSTRIES This decision marks a significant shift towards a more innovation friendly approach to software patents in Australia. It provides much-needed clarity and confidence for patent applicants in technology-driven sectors such as gaming, fintech, and digital platforms, industries where the integration of hardware and software is central to commercial success. Applicants can now proceed with greater assurance that their inventions will be assessed on their practical and technical merits, not dismissed merely because they rely on conventional computing components. CONCLUSION Aristocrat signals a major evolution in Australian patent law concerning computer-implemented inventions. By realigning the “manner of manufacture” test with established principles and focusing on economic utility and practical effect, the Full Court has restored balance and predictability to an area long fraught with legal uncertainty. For innovators working at the intersection of software and hardware, this decision is a welcome development, and a reminder that, in Australia, functionality and utility still matter most.

Dr Phil Burns Principal

Scott Vilé Principal

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