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Patent quirk troubling sponsors

Posted 14 May 2024 AM

A peculiar quirk of the Australian patent system is becoming increasingly prevalent in legal action challenging the validity of patents, potentially making life more difficult and expensive for patent holders.

The quirk is the requirement that a patentee disclose the "best method" known to it of performing the invention. Australia inherited the requirement from the United Kingdom, however the corresponding UK law was abolished in 1977 to match European patent law. Likewise, the United States did away with its version in 2011, leaving Australia as one of the few major patent jurisdictions with the law.

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