Always give your best (method)

Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd [2017] FCAFC 138 Summary Applicants should include the best method(s) of performing the invention known at the time of filing a patent application, withholding better or superior embodiments or features can result in invalidity of the granted patent. Novelty destroying prior use does

Australia’s best method requirement bares its teeth again!

Last year we reported on a Full Court of the Federal Court decision that confirmed the importance of disclosing, in a patent specification, the best method of performing an invention as required under the Australian Patents Act 1990.   In Kineta, Inc. [2017] APO 45 (31 August 2017), the Patent Office has followed the Full

Disclose the best method of performing your invention or face the prospect of patent revocation

The Full Court of the Federal Court has sent a clear message to Australian patentees: disclose the best method of performing your invention or face the prospect of revocation.   The relevant decision, Les Laboratoires Servier v Apotex Pty Ltd [2016] FCAFC 27 (8 March 2016), considered a patent in the name of Les Laboratoires