Site icon Phillips Ormonde Fitzpatrick | Patents, Trade Marks & IP Law

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 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.

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