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ARTICLE · 09 JUNE 2020

A non-obvious (inventive) solution for issuing parking infringement notices

Recent case guides on the approach to assessing if a claimed invention involves an inventive step under Australian patent law.

AustraliaIntellectual Property

Vehicle Monitoring Systems Pty Ltd v SARB Management Group Pty Ltd [2020] FCA 408

This decision forms part of an ongoing battle between two Australian companies over patented technology for improving the efficiency by which authorities monitor and manage access to public parking. In this decision, the Federal Court of Australia provides some helpful guidance on the approach to assessing whether or not a claimed invention involves an inventive step (i.e. is not obvious) under the current provisions of Australian patent law.

Background

Vehicle Monitoring Systems Pty Ltd (VMS) developed a Parking Overstay Detection System (the POD system), which uses in-ground sensors to detect changes in the earth's magnetic field when a vehicle enters a parking space (or bay). A message is sent wirelessly to a device carried by a parking officer who can then issue an infringement notice, as required.

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