By Davies Collison Cave
In Sandvik Intellectual Property
AB v Quarry Mining & Construction Equipment Pty Ltd [2017] FCAFC 138
(“Sandvik”) the Full Federal Court recently revisited the requirement for
patent applicants to disclose in their specifications the best method known to
them at the filing date for performing the claimed invention. Additionally, the
Australian Patent Office has considered the application of the ‘best method’
requirement in a number of recent decisions, including Smith Light Pty Ltd v
Golight Pty Limited [2016] APO 37 (“Smith”); Merial New Zealand Limited v Jurox
Pty Ltd [2017] APO 5 (“Merial”); and Kineta, Inc. [2017] APO 45 (“Kineta”).
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