Patents Act

Question 1

Patents Act, s 7(1)

Answer 1

Novel’ unless not novel compared to (a) single published doc or public act; (b) multiple docs or acts if PSA would treat as a single source; (c) a published complete spec with an earlier priority date.

On my bed, novel with a single piece of paper, rips it apart and puts it together again (same source of info), and another piece of paper that materialises from the air (later published spec)

Question 2

Patents Act, s 7(2),(3)

Answer 2

Not inventive if obvious in light of the CGK alone; or in conjunction with (3)(a) a single published doc or public act; (3)(b) multiple docs a PSA would be reasonably expected to combine

On my bed, Einstein with CGK thought bubble looking at various single docs with jigsaw puzzle connections, and combining them

Question 3

Patents Act, s 7(4),(5)

Answer 3

Innovative in light of CGK if makes a substantial contribution to the working of the invention as compared to (a) a single published doc or public act; (b) multiple docs or acts if PSA would treat as a single source

Question 4

Patents Act, s 7A

Answer 4

7A: To be useful, a credible, substantial and specific use must be described in the specification (as appreciated by a PSA)

On my bed, aeropress that says ‘COFFEE MAKING’ on it

Question 5

Patents Act, s 9

Answer 5

Experiment, confidential disclosure, non-commercial use, government use, or any use within 12 months of filing an application (Reg = 12 months) are not secret uses

Question 6

Patents Act, s 11

Answer 6

Act binds the crown (but not for offences)

Green crown hanging on broken barbed wire by the microwave

Question 7

Patents Act, s 13

Answer 7

Patent gives exclusive right to exploit; capable of assignment and devolution; has effect throughout patent area

Question 8

Patents Act, s 14

Answer 8

Assignment must be in writing; and can be just for a particular area

At dish rack, a handwritten soggy signed ASSIGNMENT note with map of Aus dividing the states

Question 9

Patents Act, s 15

Answer 9

Title must derive from the inventors

Einstein coming out of the oven with the assignment note for guy in business suit

Question 10

Patents Act, s 16

Answer 10

Patent co-owners can exploit the patent individually; but all must agree to license or assign

Business suits meeting in freezer deliberating over assignment notice while 1 member bounces on an electric pogo stick