Determination of inventorship

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Icon Plastics Pty Ltd v Laurence Clifford Scott [2011] APO 84

Implications

This decision is significant as it suggests that the Australian Patent Office (Patent Office) has adopted a preferred view in determining inventorship. Previously, it was ambiguous as to whether inventorship was determined with regard to the disclosure of the specification or with regard to the invention as claimed. This decision suggests that the Patent Office is moving toward the US approach of determining the inventorship in relation to the invention as claimed.

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Published In: Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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