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ARTICLE · 30 MAY 2020

Federal Court Finds Parking Violation Detection System Is Inventive

The patent application in dispute relates to a vehicle detection unit (‘VDU') which automatically determines when a vehicle has not complied with parking regulations.

AustraliaIntellectual Property

In Vehicle Monitoring Systems Pty Ltd v SARB Management Group Pty Ltd [2020] FCA 408, a recent decision of the Federal Court of Australia, Burley J dismissed an appeal in favour of the patent applicant and respondent SARB Management Group Pty Ltd ('SARB'), finding that the appellant, Vehicle Monitoring Systems Pty Ltd ('VMS') had failed to establish the grounds of lack of inventive step and lack of entitlement.

This decision demonstrates how inventive step should be approached in light of amendments to the Patents Act by the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth)('the Raising the Bar Amendments').

Parking violations - not as simple as issuing a ticket

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