Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Research Affiliates LLC v Commissioner of Patents [2013] FCA 71 Citation: Research Affiliates LLC v Commissioner of Patents [2013] FCA 71
Parties: RESEARCH AFFILIATES LLC v COMMISSIONER OF PATENTS
File numbers: NSD 3 of 2011 NSD 2332 of 2011
Judge: EMMETT J
Date of judgment: 13 February 2013
Catchwords: PATENTS – s 18(1)(a) of the Patents Act 1990 (Cth) – whether claimed invention is a manner of manufacture within the meaning of s 6 of the Statute of Monopolies – where claimed invention provides a method to create a securities index by means of a computer – appeal from decision of Commissioner of Patents refusing the patent applications for want of manner of manufacture
Legislation: Patents Act 1903 (Cth) Patents Act 1952-55 (Cth) Patents Act 1990 (Cth) ss 18(1)(a), 18(1)(b), 29, 40, 44, 45, 49, 51, 79B Statute of Monopolies 1623 (Imp) (21 Jac 1 c 3) s 6
Cases cited: Burroughs Corporation (Perkin's) Application [1974] RPC 147 Ccom Pty Limited v Jiejing Pty Limited (1994) 51 FCR 260 Grant v Commissioner of Patents (2006) 154 FCR 62 International Business Machines Corporation v Commissioner of Patents (1991) 33 FCR 218 National Research Development Corporation v Commissioner of Patents (1959) 102 CLR 252
Date of hearing: 21 November 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
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