In a spate of recent patents to bite the 'best method'
dust, two patents owned by BlueScope Steel Limited
(BlueScope) are the latest to buckle under the
pressure of Australia's increasingly complex best method
requirement in BlueScope Steel Limited v Dongkuk Steel Mill
Co., Ltd (No 2) [2019] FCA 2117. While the best method beast
continues to gain strength in Australia, Beach J did provide some
useful guidance on the level of disclosure required to satiate its
appetite for patent destruction.
Background
The two patents at issue, AU 2009225257 (Patent
A) and AU 2009225258 (Patent B) relate to
steel strip products having a corrosion-resistant alloy coating and
methods for their preparation. The patents describe the presence of
magnesium (Mg) and silicon (Si) in the alloy as being important for
improving various performance characteristics of the coating, but
can also result in the undesirable formation of magnesium silicide
(Mg2Si), leading to defects in the
