INTELLECTUAL PROPERTY PATENTS best method requirement construction of Patents Act 1990 (Cth), s 40(2)(a) whether requirements of s 40(2)(a) met when sufficiency of description satisfied test in Kimberly-Clark Australia Pty Limited v Arico Trading International Pty Limited (2001) 207 CLR 1 whether residual requirement to identify best method of performing invention.
INTELLECTUAL PROPERTY PATENTS best method requirement where claimed invention is a product whether best method requirement met by identification of essential integers of product whether disclosure of method of making product required whether claimed characteristics of claimed product class required disclosure of method to make a product with those characteristics relevance of trial and error and choice of parameters.
INTELLECTUAL PROPERTY PATENTS best method requirement whether applicant for revocation must prove that alternative method in fact better than that disclosed in the patent
INTELLECTUAL PROPERTY PATENTS amendment of patent whether possible to cure failure to comply with best method requirement by amendment after filing of patent application and grant of patent whether delay in applying for amendment unreasonable consideration of matters relevant to exercise of discretion when amendment sought whether House v The King error established
COSTS PATENTS whether leave to appeal from costs orders required whether House v The King error established in relation to costs orders whether appropriate to apportion costs according to mixed success on grounds of revocation whether costs should follow the event consideration of costs where application to amend a patent
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