Date: 30 June 2015
Middleton J.
Notes:
- Claim Construction
- Expert witnesses
- External fair basis (note that the new Act makes this less relevant now)
- Internal fair basis ( " )
- Novelty - Some really good basic principles.
- Interpretation of various words and phrases.
- "Adapted to" means "Capable of". Be careful of functional phrases like this. Check utility.
- "Highly qualified experts, even if they have a capacity for original research, should not on that basis be disqualified from assisting the Court".
- Definition of a skilled addressee.
- Use of expert evidence in determining validity issues.
- Hindsight and Common General Knowledge.
- Innovative Step.
- Inventive Step.
- Meaning of obvious - "very plain".
- The need to lead evidence that prior art "would have been reasonably able to have been ascertained, understood and regarded as relevant in Australia by a person skilled in the art when seeking a solution to the problem the invention seeks to overcome."
- Utility - to be established by evidence. Some good case law here. Read the section entitled "Expert Evidence".
- Clarity - use of imprecise terms. Skilled address must be able to resolve ambiguity.
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