Charles Lawson - Quantum of obviousness in Australian patent laws

This article examines obviousness in the context of the Patents Act 1990 (Cth) - the quantum of advance beyond the existing knowledge and information that must be satisfied before a patent is granted and upheld as valid. The article concludes that the current High Court authority has lowered the quantum to almost a per se rule so that the quality of obviousness will almost never be relevant in assessing patentability. Some possible solutions are discussed.

(2008) 19 AIPJ 43. Senior Lecturer, Australian Centre for Intellectual Property in Agriculture, Griffith Law School, Griffith University. This work was supported by an Australian Research Council grant to research “Developing a systematic, inclusive and just jurisprudential account of TRIPS”. The guidance and suggestions of Stephen Hubicki, Brad Sherman and David Brennan are acknowledged and appreciated, albeit any errors and omissions are mine.


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