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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