Philips v Mirabella

Posted by Anton Hughes on Wednesday, December 07, 2005 with No comments
A case which focuses on the existence of a threshold requirement of inventiveness in any patent application.

This is not to be confused with the requirement of an inventive step in s18(1)(b). This requirement can be considered to be compatible with the 'point of novelty' approach in Parker v Flook and other software patent cases.

I should probably also read:
  • Microcell (1959) 102 CLR 232
  • Re BA's Application (1915) 32 RPC 348
This would be to get my head around the 'new use of an old product' concept - substiting algorithm for product, you could be onto the basis for an exclusion.
Categories: , ,