IPA patent 5.6.8.7-games-and-gaming-machines — IP Australia Patent Manual of Practice and Procedure – 5.6.8.7 Games and Gaming Machines

Also in this Chapter: 5.6.8.1 General Principles – Assessing Manner of Manufacture ; 5.6.8.2 Alleged Invention 5.6.8.3 Fine Arts 5.6.8.4 Discoveries, Ideas, Scientific Theories, Mere Schemes, and Plans 5.6.8.5 Printed Matter 5.6.8.6 Computer Implemented Inventions ​​​​​​​ 5.6.8.8 Mathematical Algorithms 5.6.8.9 Methods of Testing, Observation, and Measurement 5.6.8.10 Mere Working Directions 5.6.8.11 Nucleic Acids and Genetic Information 5.6.8.12 Micro-Organisms and Other Life Forms 5.6.8.13 Treatment of Human Beings 5.6.8.14 Human Beings and Biological Processes for Their Generation 5.6.8.15 Agriculture and Horticulture 5.6.8.16 Combinations, Collocations, Kits, Packages, and Mere Admixtures 5.6.8.17 New Uses 5.6.8.18 Other Issues (e.g. contrary to law etc) 5.6.8.19 Useful (utility) ​​​​​​​ Annex A - History of Manner of Manufacture Key Legislation: Patents Act: s18(1)(a) Patentable inventions Schedule 1 Dictionary​​​​​​​ ​​​​​​​Related Chapter: 3.3.3 Reserving Opinion and Restricting Search 5.5 Construction of Specifications, Claims 5.6.1.4 Balance of Probabilities 5.6.6 Inventive step 5.6.7 Full Disclosure, Sufficiency, Clarity, Support (s40) Overview Rules of a game in and of themselves are not patentable as being merely mental processes, abstract ideas, or schemes.  Rules of a game do not become eligible subject matter merely because they are played with the assistance of cards, tokens, or a games board which are characterised by intellectual information related to the rules of the game. A game's apparatus may be patentable where it has a practical utility other than merely allowing the game to be played. See, for example,  5.6.8.5 Printed Matter .  Similarly, rules to or conduct of a game are not considered patentable merely because the game is played on a generic computer. Instead, patentable subject matter may be found where a game is implemented on a machine with interdependence between the game and the physical features of the machine. The invention in question in  Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131  involved the use of configurable symbols in a feature game played on a specifically constructed electronic gaming machine.  Their Honours found that:  “...the configurable symbols and the feature games require implementation in the EGM, and in the operation of the EGM, they interact with, and are entirely dependent upon, other integers of the claim, especially the physical integers, and therefore are inextricably connected with the player interface.”  When considering patentability of such inventions, examiners should give consideration to the nature of physical features present, along with their interdependence with the game-play, with due consideration given to all features of the claimed invention.   Where a game is implemented on a machine with interdependent physical features then patentability may be found. This is to be contrasted with a game simply put into a generic computer where an invention is likely not directed towards a manner of manufacture as being the manipulation of an abstract idea on a computer.  Relevant considerations for computer-implemented inventions are addressed in section  5.6.8.6 Computer Implemented Inventions.