High Court of Australia
(ome e
98 C.L.R.] OF AUSTRALIA. 529
[HIGH COURT OF AUSTRALIA.]
JOHN McILWRAITH INDUSTRIES Bet APPELLANT ;
TED DEFENDANT, AND PHILLIPS : : : : 6 bi ResponpENT. PLAINTIFF,
Patent—Validity—Invention—Objection—Want of subject matter in that no inventive H.C. or A. step involved—Scope of objection—Meaning of inventive step—Patents Act 1958, 1952-1955 (No. 42 of 1952—No. 8 of 1955), s. 100 (e). WwW
MELBouRNE,
'The defence to an action for infringement of a patent was invalidity of the patent on the ground that the alleged invention involved no inventive step. fay 14; The plaintiff claimed to have invented an improved float valve. The evidence Oct. 14. showed that while the plaintiff's valve did not incorporate any new mechanical yy 50 ¢.y,
principle the use made of the principle on which it functioned was not analogous McTiernan
to any prior user and was not the subject of any "paper anticipation". pana. yy,
Held, that in the circumstances the invention did involve an inventive step and the patent was valid.
Observations on the scope of the objection of want of subject matter in H. P. M. Industries Lid. v. Gerard Industries Ltd. (1957) 98 C.L.R. 424 approved.
Decision of Taylor J. affirmed.
Apprat from Taylor J.
On 30th November 1955 Malcolm Tarlton Phillips commenced an action in the High Court of Australia against John Mcllwraith Industries Ltd. claiming, iter alia, an injunction restraining the defendant from infringing Letters Patent No. 137286 granted to the plaintiff and dated 20th August 1947 in respect of an invention entitled " An improved float valve ".
The action was heard before Taylor J. who, in a written judgment delivered on 11th December 1957, held that the plaintiff was entitled to the relief sought.
From this decision the defendant appealed to the Full Court of the High Court.
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