Can an idea to make an obvious improvement be enough for an Inventive Step?

The Federal Court recently deliberated on a patent infringement and validity dispute between Global Tech Corporation Pty Ltd (Global Tech) and Reflex Instruments Asia Pacific Pty Ltd (Reflex). In arriving at its decision that infringement had occurred, the Court had to consider what technical field the patent belonged to, and then weigh up arguments around the inventiveness of the disputed patent. In doing so the Court gave weight to the thought process and method behind arriving at what appeared to be an obvious invention.

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B.Eng (Mech) (Hons), B.Bus JD MIPLaw

Peter is an enthusiastic mechanical engineer with a passion for innovation and the law. He has worked on large infrastructure projects, delivering innovative and strategic solutions with respect to mechanical, civil and electrical assets, and has found his niche in intellectual property.