Old section 40(2) learns a new trick

Whilst the IP Laws Amendment (Raising the Bar) Act 2012 made substantial changes to the law of sufficiency, for many patents the previous law continues to apply. Following the High Court decision in Kimberly-Clark Australia v Arico Trading it was generally understood that the test for sufficiency would be satisfied if the disclosure of the …
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Higher costs awards second time round

Pursuant to section 19(1) of the Patents Act, a Court may certify that the validity of a claim was questioned in relevant proceedings. If such a certificate is issued, then under section 19(2) the patentee may be entitled to a more favourable costs award in subsequent proceedings. The application of section 19 was recently considered …
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