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Patent Claims: Interpretation, Validity and Infringement is an exposition on the crux of Australian patent law. Patent claims emerged in UK patent drafting custom from the mid-19th to the early 20th centuries, and obtained their Anglo-Australian legal status as the definers of patent scope in the 1930s. Today, patent claims are the fulcrum of modern patent law in Australia and other patent territories.
This book explains the role that patent claims play; the basis upon which claims are construed; the principal grounds which must be satisfied for claims to be valid; and the main bases upon which infringement liability may arise. It has an intense focus on the body of principles that have evolved over several decades under the Patents Act 1990 (Cth), and in which Australian patent law can be seen to be both highly distinguishable from, and purposefully harmonised with, modern UK law. A key feature of the book is its cohesive treatment, in which cross-cutting influences are referenced to permit the reader to understand connections and trade-offs.
This book, the first of its kind in Australia, is a must-have resource for lawyers, patent attorneys, judges, students and those in patent-dependent industries or who administer the Australian patent system.
