23 December 2009
In an update to our earlier post, the High Court has refused an application by Dura-Post for special leave to appeal from a decision of the Full Federal Court.
Dura-Post argued that the test for innovative step, laid out in section 7(4) of the Patents Act 1990, necessitated a need to assess the substance of the invention and required more than a simple functional comparison of the invention as claimed in the patent and the prior art.
Justices Gummow and Hayne refused leave stating that an appeal based on this argument would fail.
A copy of the transcript can be found here.
