Advanced Building Systems Pty Ltd v Ramset Fasteners (Aust) Pty Ltd

The parties to this appeal were Advanced Building Systems Pty Ltd and Ramset Fasteners (Aust) Pty Ltd. The dispute concerned the validity of a patent held by Advanced Building Systems, which Ramset sought to revoke. The matter was heard by the High Court of Australia.

The central legal issue before the High Court was whether the invention claimed in the patent was an "invention" within the meaning of the relevant Act, specifically under section 100(1)(d). This question arose after the Full Court of the Federal Court had determined that the patent lacked "inventive merit," leading to its revocation. The Full Court's decision was based on its consideration of certain publications in Australia prior to the patent's priority date, which it found demonstrated that the claimed invention involved no inventive step.

The High Court allowed the appeal, setting aside the orders of the Full Court. The Court remitted the matter back to the Full Court for determination of the remaining grounds of appeal and, if necessary, a redetermination of the cross-appeal. The High Court's decision implies a disagreement with the Full Court's approach to assessing "inventive merit" and its application of the statutory provisions concerning patent validity.