27 March 2012

APO - Reflector Lacks Inventive Step

Case: Paul Andrew Cronk [2012] APO 28

Cited

  1. Wellcome Foundation Ltd v VR Laboratories (Aust) Pty Ltd [1981] HCA 12
  2. Aktiebolaget Hassle v Alpharpharm Pty Ltd [2002] HCA 59
  3. Meyers Taylor Pty Ltd v Vicarr Industries Ltd [1977] HCA 19


Notes

  1. It is clear that any potential solution to a problem will not be obvious unless it would have been a matter of routine to try that solution, but with the significant caveat that there must be an expectation that the potential solution "might well" solve the problem. It is not necessary that success is guaranteed.
  2. Commercial success can never of itself be decisive of inventiveness but it is a material matter, the weight of which must be determined by reference to all the surrounding circumstances.
  3. Cannot draw inferences from evidence of an inventor who was not addressing the same problem.


No comments:

Post a Comment