Technological Resources Pty Limited v Tettman [2019] FCA 1889

Technological Resources Pty Limited v Tettman [2019] FCA 1889

The respondent did not discharge the burden of proving that patent application 2011261171 would be invalid if granted: the claims involve a manner of manufacture, are not a mere scheme or collocation, are novel and non-obvious, and are sufficiently clear; the appeal is allowed and the application proceeds to grant.

Source-derived case information.

Parties
Appellant: Technological Resources Pty Limited; Respondent: Raymond Ludwig John Tettman
Jurisdiction
Australia
Judgment Date
15 November 2019
Procedural Posture
Appeal / Appeal From Opposition Decision to Federal Court (de Novo Hearing)
Outcome
Appeal allowed
Legal Topics
Patents, Patentability, Novelty, Inventive Step, Manner of Manufacture, Specification Construction
Intellectual Property Law Patents Patentability Novelty Inventive Step Manner of Manufacture Specification Construction

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Parties

Technological Resources Pty Limited

Appellant

Raymond Ludwig John Tettman

Respondent

Procedural Posture

Appeal / Appeal From Opposition Decision to Federal Court (de Novo Hearing)

Legal Issues

  1. 1 Whether the patent application involves a manner of manufacture under s 18(1)(a) of the Patents Act 1990 (Cth)
  2. 2 Whether the claimed invention was novel compared to the prior art under s 18(1)(b)(i)
  3. 3 Whether the claimed invention involved an inventive step under s 18(1)(b)(ii)

Ratio Decidendi

The respondent did not discharge the burden of proving that patent application 2011261171 would be invalid if granted: the claims involve a manner of manufacture, are not a mere scheme or collocation, are novel and non-obvious, and are sufficiently clear; the appeal is allowed and the application proceeds to grant.

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed.
  • The decision of the delegate of the Commissioner of Patents given on 27 March 2018 be set aside.