Ramset Fasteners (Aust) Pty Ltd v Advanced Building Systems Pty Ltd & Anor [1996] FCA 282

Ramset Fasteners (Aust) Pty Ltd v Advanced Building Systems Pty Ltd & Anor [1996] FCA 282

Once prior publications are considered, all relevant integers of the invention claimed in the Australian patent (including the combination of a ring clutch with an extended lever arm and remote release function) were known in the art. There is no inventive step and no new combination established; the patent claims a mere aggregation of known features and so fails the test of 'manner of new manufacture' under s. 100(1)(d) of the Patents Act 1952. The Australian patent is invalid.

Jurisdiction
Australia
Judgment Date
26 April 1996
Procedural Posture
Appeal and Cross Appeal / Judgment on Appeal and Cross Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal allowed; cross-appeal dismissed; patent revoked.
Legal Topics
['validity of Patents' 'combination Patents' 'novelty' 'inventive Step' 'revocation of Patents' "interpretation of 'manner of New Manufacture'" 'trade Practices Act – Misleading or Deceptive Conduct']
['intellectual Property Law' 'patents'] ['validity of Patents' 'combination Patents' 'novelty' 'inventive Step' 'revocation of Patents' "interpretation of 'manner of New Manufacture'" 'trade Practices Act – Misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Appeal and Cross Appeal / Judgment on Appeal and Cross Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Australian patent no. 544832 is a valid patent (novelty and inventive step)' "Interpretation of 'invention' and 'manner of new manufacture' under Patents Act 1952, s. 100(1)(d)" 'Whether court may consider prior publications beyond the specification to determine inventive merit' 'Whether respondents are entitled to relief for alleged infringement and for misleading/deceptive conduct under the Trade Practices Act']

Ratio Decidendi

Once prior publications are considered, all relevant integers of the invention claimed in the Australian patent (including the combination of a ring clutch with an extended lever arm and remote release function) were known in the art. There is no inventive step and no new combination established; the patent claims a mere aggregation of known features and so fails the test of 'manner of new manufacture' under s. 100(1)(d) of the Patents Act 1952. The Australian patent is invalid.

Court Disposition

Appeal allowed; cross-appeal dismissed; patent revoked.

Orders

  • ['The appeal by Ramset Fasteners (Aust) Pty Ltd from the judgment of Hill J. given on 3 May 1995 be allowed.' 'The orders made by Hill J. on 3 May 1995 be set aside and in lieu thereof it be ordered that: (a) the application be dismissed; (b) letters patent number 544832 be revoked.' "The respondents pay the...