Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Watson v Commissioner of Patents [2019] FCA 1015 File number: NSD 71 of 2019
Judge: RARES ACJ
Date of judgment: 28 June 2019
Catchwords: INTELLECTUAL PROPERTY – appeal from decision of delegate of Commissioner of Patents revoking innovation patent – whether invention was patentable invention under Patents Act 1990 (Cth) s 18(1A) – whether invention was a manner of manufacture within meaning of Statute of Monopolies 1623 (UK) s 6 – where invention claimed was engagement of intellectual property professional to invent intellectual property right and engager agreed to pay reward depending on contingencies – whether invention claimed was mere business method and abstract idea – where reward as disclosed in claims lacked certainty as agreement to agree – whether grant of patent would have chilling effect on innovation and engagement of intellectual property professionals
Legislation: Patents Act 1990 (Cth) ss 18, 101B, 101E, 101F Statute of Monopolies 1623 (UK) s 6
Cases cited: Booker Industries Pty Ltd v Wilson Parking (Qld) Pty Ltd (1982) 149 CLR 600 CCOM Pty Ltd v Jiejing Pty Ltd (1994) 51 FCR 260 Commissioner of Patents v RPL Central Pty Ltd (2015) 238 FCR 27 D'Arcy v Myriad Genetics Inc (2015) 258 CLR 334 Grant v Commissioner of Patents (2006) 154 FCR 62 National Research Development Corporation v Commissioner of Patents (1959) 102 CLR 252 Research Affiliates LLC v Commissioner of Patents (2014) 227 FCR 378 Welch Perrin & Co Pty Ltd v Worrel (1961) 106 CLR 588
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate