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Australia's highest court raises the patent invalidity bar

Copyright Monday, December 3, 2007 Duncan Bucknell Company

Journal of Intellectual Property Law & Practice 2007; doi: 10.1093/jiplp/jpm199

This article recently appeared in Oxford's Journal of Intellectual Property Law & Practice.

In essence, in a long-awaited decision, the Australian High Court reviewed several key questions pertaining to patent validity and inventive step in particular. In so doing, it has made it harder to invalidate Australian patents.

Abstract, full text, pdf version