Joshua Teoh explains how a decision of the Federal Court
of Australia may be relevant to Malaysian patentees.
In Sandvik Intellectual Property AB v Quarry Mining &
Construction Equipment Pty Ltd [2017] FCAFC 138, the Full
Court of the Federal Court of Australia affirmed the decision of
Justice Jessup sitting as a single judge in the Federal Court of
Australia, holding that the claims in Australian Patent No. 744870
entitled "Extension Drilling System" ("'870
Patent") belonging to the Appellant ("Sandvik") were
invalid for, among others, failure to comply with the requirement
to describe the best known method of performing or carrying out an
invention.
The aforesaid requirement is set out in section 40(2)(aa) of
Australia's Patents Act 1990 (Cth) ("section
40(2)(aa)") which stipulates that "a complete
specification must disclose the best method known to the applicant
of performing the invention".
