Further judicial clarity on the meaning of ‘innovative step’

The Full Federal Court has given further content to the concept of ‘innovative step’ contained in the Patents Act 1990 innovation patent system.  On Tuesday, the Court handed down its decision in Dura-Post (Aust) Pty Ltd v Delnorth Pty Ltd [2009] FCAFC 81, rejecting Dura-Post’s appeal from a decision of Gyles J that certain relevant claims of Delnorth’s innovation patents (for roadside posts) were valid and infringed. The Full Court’s decision only relates to questions of validity and, in particular, the grounds of manner of manufacture, novelty and innovative step. Gyles J’s decision that the patent claims were valid was upheld by the Full Court, as was his Honour’s exposition of the test for ‘innovative step’. Update: read our full alert here.

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