Grant v Commissioner of Patents and patenting knowledge inventions.
This article reviews the Full Federal Court decision in Grant v Commissioner of Patents (2006) 154 FCR 62; 69 IPR 221; [2006] FCAFC 120 denying patentability to a method for structuring a financial transaction so as to protect an individual's assets from a loss of ownership as a result of a legal liability. The article challenges the distinctions drawn by the Full Federal Court and argues that the decision marks a new development in setting a boundary for the Patents Act 1990 (Cth) "manner of manufacture". The article concludese that important questions now arise in assessing the possible application of the Patents Act 1990 (Cth) to promoting some inventions (and innovations) and not others, and whether there are other classes of inventions that also do not require the Patents Act 1990 (Cth) incentives.
Lawson
Charles
C
Australian Centre for Intellectual Property in Agriculture, Griffith Law School Griffith University. c.lawson@griffith.edu.au
D001315:Australia; D006801:Humans; D016365:Liability, Legal / Q000191:economics*; D010067:Ownership / Q000191:economics / Q000331:legislation & jurisprudence*; D010330:Patents as Topic / Q000331:legislation & jurisprudence*