Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cytec Industries Inc. v Nalco Company [2021] FCA 970 Appeal from: Cytec Industries Inc. v Nalco Company [2019] APO 2
File numbers: NSD 130 of 2019
Judgment of: BURLEY J
Date of judgment: 19 August 2021
Catchwords: PATENTS – appeal from decision of delegate of the Commissioner of Patents – patent application for method of reducing aluminosilicate scale – claims of patent application amended following delegate's decision – hearing de novo PATENTS – claim construction – whether claims include within their scope a reaction product mixture containing a single type of small molecule PATENTS – validity – lack of support – comparison between invention specified in the claims and that described in the specification – technical contribution to the art – lack of support established PATENTS – validity – lack of clear and complete description – classical sufficiency – whether specification enables skilled addressee to perform invention over the whole area claimed without undue burden – lack of clear and complete description established PATENTS – validity – best method – characterisation of invention – where certain details in examples not disclosed – no failure to disclose best method PATENTS – validity – lack of novelty – whether patent application anticipated by earlier filed specification – whether grace period provisions apply to "whole of contents" documents – grace period applies – lack of novelty not established
Legislation: Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) ss 3 and Sch 6 Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 (Cth) Patents Act 1952 (Cth) Patents Act 1990 (Cth) ss 18, 24, 40(2)(a), 40(2)(aa), 40(3), 59, 60, 65, 67, 79B, 105 and Sch 1 Convention on the Grant of European Patents, opened for signature 5 October 1973, 1065 UNTS 199 (entered into force 7 October 1977) art 83 Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 (No 1) (Cth) reg 4 and sch 6 Patents Act 1977 (UK) s 14(3) Patents Regulations 1991 (Cth) regs 2.2(1A), 2.3(1A), 3.13D, 6.3 and 23.26(4)
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