LAWS3131 Lecture Notes - Lecture 1: Lundbeck, Electronic Document, Software
Document Summary
Initial threshold issue: to be inherently patentable (i. e. before s 18(1) considerations), an invention must satisfy a threshold requirement of prima facie inventiveness. If prima facie the invention is obvious / does not involve an inventive step reject application without further consideration. The invention must meet the following requirements for patentability. The threshold test for the patentability of an invention is whether it constitutes a manner of manufacture" (patents act s 18(1)(a)). It involves considering the invention as a whole, as described in the specification and claims (i. e. both method and system) (rpl central). There are two elements to this test (nrdc): it must result in an artificially created state of affairs, it must have application in the field of economic endeavour. Note: excluded categories (pg 16), combinations giving synergies (pg 17) 1 research affiliates llc v commissioner of patents [2013] fca 71. 2 rpl central pty ltd v commissioner of patents [2013] fca 871.
