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Richard Baddeley - Evidence of Commercial Success – Making an Inventive Step Easier to Find

Richard Baddeley, Principal at Watermark, reviews the secondary indications of inventive step – facts that demonstrate the quality of an invention without reference to the skill level in the particular field of technology, which may be established more readily and less expensively than the state of technical knowledge in the relevant field. Richard Baddeley notes that courts, including Australian courts, recognize this and weigh such secondary considerations carefully, such as in the recently decided High Court case in Lockwood v Doric.

Richard Baddeley notes that it can often be worthwhile considering whether commercial success may be evidenced assisting findings of inventive step in both prosecution and enforcement contexts. A qualification on this technique for establishing inventive step is that evidence of commercial success may often require revealing commercially sensitive information. According to Richard Baddeley, this must be weighed against the commercial value of the patent and difficulty in accessing other sources of proof of inventive step.

Evidence of Commercial Success


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