PATENTS – whether skilled person could be reasonably expected to have ascertained international patent publication – where patent database would have been one of the databases searched by person skilled in the art – where expert provided with search results which formed a subset of larger set of search results which would have been derived from broader search conducted by person skilled in the art – whether primary judge erred in finding that patent publication would not have been ascertained within meaning of s7(3) Patents Act 1990 (Cth) – error established
PATENTS – whether inventions involved an inventive step – where primary judge found that the skilled person would be directly led to select compound disclosed in international patent publication as a lead candidate to take into further drug development work – where primary judge found that hypothetical skilled person would not have requisite expectation of success – whether primary judge applied incorrect legal test – error shown – appeal allowed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2024/2024fcafc0135
For more information, see the original judgement.
