OCTOBER 2008
Asia
Australia: The Australian Federal Court has handed down the first decision clarifying the level of inventiveness needed for an innovation patent. The August 13 decision in which the validity of three innovation patents was upheld "will open up patents to a lot of people," according to Justin Blows, an associate with Griffith Hack in Sydney. The three innovation patents in this case were for a roadside marking post that springs back, developed by Delnorth. Delnorth filed the first patent in February 2006 and began infringement proceedings against Dura-Post, a Tasmania-based company that supplies marker posts, in the same month. Delnorth then filed two more innovation patents in April and August 2006. Dura-Post counterclaimed for invalidity, which made this the first time the validity of an innovation patent has been tested in court. In an important phrase, the judge stated: "If there is a substantial contribution to the working of an invention, then there is an innovative step."
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