Traditionally, it has been relatively easy in Australia, compared with the US or Europe, to meet the threshold level of inventiveness needed for an inventive step. However, a recent Federal Court decision has shown that the...more
The use of means-plus-function language has been a settled matter in Australia – such language allows a feature of an invention to be claimed, broadly, as being all ways to achieve some function or result. An article on this...more
Means-plus-function language in patent claims is interpreted very differently in Australia compared to the US. This can lead to vastly different findings with regards to validity and/or infringement.