Inspire November 2022
6 Can an idea to make an
obvious improvement
be enough for an
Inventive Step?
The Federal Court recently deliberated on a patent
infringement and validity dispute 1 between Global Tech
Corporation Pty Ltd (Global Tech) and Reflex Instruments
Asia Pacific Pty Ltd (Reflex). In arriving at its decision
that infringement had occurred, the Court had to consider
what technical field the patent belonged to, and then weigh
up arguments around the inventiveness of the disputed
patent. In doing so the Court gave weight to the thought
process and method behind arriving at what appeared
to be an obvious invention. On this basis, the Court
ultimately found that the patent was inventive and valid.

1 Globaltech Corporation Pty Ltd v Reflex Instruments Asia Pacific Pty Ltd [2022] FCA 797