Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Firebelt Pty Ltd v Brambles Australia Ltd & Ors [2000] FCA 1689
INTELLECTUAL PROPERTY – patents – inventive step – where invention claimed constituted a combination of well-known integers – consideration of test for inventive step, and distinction from test for novelty – consideration of extent to which prohibition of 'mosaicing', of various pieces of documentary or other prior disclosures for the purpose of determining common general knowledge, is relaxed by s 7 of the Patents Act 1990 – whether, having regard to prior disclosures and common general knowledge of a non-inventive skilled worker in the field, combination of known integers constituting the claimed invention was obvious INTELLECTUAL PROPERTY – patents - whether complete specification discloses "best method known to the applicant of performing the invention", pursuant to s 40(2) of the Patents Act 1990 – consideration of the nature and purpose of 'best method' requirement, and importance of its limitation to the invention itself Patents Act 1990, ss 7, 18, 40, 138, 162, 163; schedule 1 Minnesota Mining and Manufacturing Co v Beiersdorf (Australia) Ltd (1980) 144 CLR 253 - applied Tidy Tea v Unilever (1995) 32 IPR 405 - cited Palmer v Dunlop Perdriau Rubber Co Ltd (1937) 59 CLR 30 - cited Vidal Dyes Syndicate Ld v Levenstein Ld (1912) 29 RPC 245 – applied Blanco White, T.A., Patents for Inventions,4th ed, 1974
FIREBELT PTY LIMITED (ACN 054 417 739) v BRAMBLES AUSTRALIA LIMITED TRADING AS CLEANAWAY (ACN 000 164 938) and COOLOOLA SHIRE COUNCIL Q 190 OF 1999 SPENDER, DRUMMOND, MANSFIELD JJ 22 NOVEMBER 2000 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 190 of 1999
On Appeal from the Orders of a single Judge of the Court
BY ORIGINAL ACTION
BETWEEN: FIREBELT PTY LIMITED (ACN 054 417 739)
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