Rattling support and sufficiency – the concept of a "relevant range"

The Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd case marks a clarifying moment in Australian patent law with regard to sufficiency and support requirements. It has significant implications for patent holders and applicants, relating to the need to identify the essence (or core) of the invention and the relevant range of variable(s) that significantly affect the value or utility of the product.

Approximately 12 months ago, the Full Court of the Federal Court of Australia delivered its decision in Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd ¹(Rattlejack), which is Australia's first appellate judgment concerning the post-Raising the Bar amendments to the support and sufficiency requirements ².