Vehicle Monitoring Systems Pty Ltd v SARB Management Group Pty Ltd [2021] FCAFC 224
In a decision of the Full Court of the Federal Court of Australia, the meaning of ‘inventive concept’ was considered in the context of entitlement to grant. It was held that an individual providing commercial stimulus to develop an invention is not entitled to the grant of a Patent and such activities do not equate to an inventive concept.
Repipe Pty Ltd v Commissioner of Patents (No 3) [2021] FCAFC 223
In Repipe Pty Ltd v Commissioner of Patents (No 3) [2021] FCAFC 223 (‘Repipe 3’)¹, the validity of amendment applications filed by Repipe in respect of two innovation patents was considered by the Full Federal Court. The Full Court accepted the Commissioner’s arguments dismissing the First Amendment Application, and refused leave to amend in respect of Repipe’s Second Amendment Application². The amendments proposed by Repipe were considered to fail to comply with the Patents Act 1990 (Cth)³ based on the findings held within Repipe Pty Ltd v Commissioner of Patents (No 1) [2019] FCA 1956 (‘Repipe 1’).⁴
Commissioner of Patents v Aristocrat Technologies Australia Pty Ltd [2021] 286 FCR 572
This High Court decision is an appeal from a decision of the Full Federal Court of Australia in relation to whether Aristocrat’s claim to a system and method of gaming implemented on a computing device should be considered a ‘manner of manufacture’ within the meaning of section 18(1A) of the Patents Act 1990 (Cth).¹
Fuchs Lubricants (Australasia) Pty Ltd v Quaker Chemical (Australasia) Pty Ltd [2021] FCAFC 65
A grade period which allows public disclosures to be made regarding inventions without invalidating same is available to patentees under the Patents Act 1990 (Cth)¹. The Full Federal Court in Fuchs Lubricants (Australasia) Pty Ltd v Quaker Chemical (Australasia) Pty Ltd² confirmed that the patents under consideration were invalid due to non-confidential disclosures made by the inventor.
Designs Amendments Act 2021
Receiving Royal Assent on 10 September 2021, the Designs Amendment Act 2021 (Cth)¹ has introduced changes to the Designs Act 2003 (Cth).² The changes include the introduction of a prior use infringement exemption of registered designs, the introduction of a grace period for designs, and further changes which will take effect as of 10 March 2022.
Thaler v Commissioner of Patents [2021] FCA 879
In the Federal Court decision in Thaler v Commissioner of Patents [2021] FCA 879 (‘Thaler’),¹ Justice Beach held that in accordance with Australian Patent Law, artificial intelligence can be considered an inventor.
Caffitaly System S.P.A. v One Collective Group Pty Ltd [2021] FCAFC 118
The decision of the Federal Court of Australia in Caffitaly System S.P.A. v One Collective Group Pty Ltd [2021] FCAFC 118¹ concerns Australian Patents 2003200627 (627 Patent), 2010227121 (121 Patent), and 2008259388 (388 Patent), which relate to coffee capsule technology. This decision concerns an appeal, by Caffitaly Systems S.P.A (Caffitaly), of all findings relating to infringement and invalidity against Caffitaly who previously brought infringement proceedings against One Collective Group Pty Ltd et al regarding the importation and sale of coffee capsules.
Ariosa Diagnostics, Inc v Sequenom, Inc [2021] FCAFC 101
The issue of the patentability of diagnostic methods was considered in this Appeal decision of the Full Federal Court of Australia. The decision considered the distinction between naturally occurring phenomena per se, which are not patentable, and the practical application of such phenomena which remains patentable in Australia. The Full Court also considered the meaning of ‘a product resulting from use of the patented method’ within the definition of ‘exploit’ in the Patents Act 1990 (Cth) (‘the Act’) and whether use of a patentee’s claimed method outside of Australia by a third party competitor and sending the results back to their Australian licensee constitutes an infringement in Australia.
