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ARTICLE · 02 APRIL 2008

Intellectual Property News

Minter Ellison
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In the latest in a series of ongoing cases between Ajinomoto Co Inc ('Ajinomoto') and NutraSweet Australia Pty Ltd ('Nutrasweet'), the Full Federal Court has affirmed that Ajinomoto's patent for a blended sweetener is invalid, on the ground of lack of inventive step.

AustraliaIntellectual Property

Patents

Australia

Full Federal Court rejects sweetener patent appeal

In the latest in a series of ongoing cases between Ajinomoto Co Inc ('Ajinomoto') and NutraSweet Australia Pty Ltd ('Nutrasweet'), the Full Federal Court has affirmed that Ajinomoto's patent for a blended sweetener is invalid, on the ground of lack of inventive step. The Court's judgment focused on two principal issues: first, the construction of the legislative expression 'work in the relevant art in [Australia]', and secondly, the admissibility of a relevant piece of prior art as evidence of obviousness as provided in s 18 of the Patents Act. The Court construed the art relevant to the Ajinomoto patent as being the art of blending known sweeteners, and held that work in the relevant art existed in Australia prior to the priority date. Accordingly, the Court did not have to finally decide the question of whether 'work in

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