Aktiebolaget Electrolux v Notetry Limited

The Full Federal Court considered an appeal by Aktiebolaget Electrolux (Electrolux) against a decision of a single judge of the Federal Court. The dispute concerned the validity of a patent held by Notetry Limited (Notetry) for a vacuum cleaner. Electrolux sought to have the patent revoked, alleging it was invalid due to lack of novelty and inventive step.

The primary legal issues before the Full Federal Court were whether the patent was invalid for want of novelty, and alternatively, whether it was invalid for want of an inventive step, having regard to the common general knowledge in the field of vacuum cleaner technology at the time the patent was filed.

The Court analysed the patent claims in light of the prior art and the common general knowledge. It found that the alleged invention was not novel because the essential features of the claimed invention were disclosed in a prior patent document. Furthermore, the Court determined that even if novelty were established, the invention would not have involved an inventive step, as the differences between the claimed invention and the prior art would have been obvious to a person skilled in the art having regard to the common general knowledge. The Court applied the principles of patent law concerning novelty and inventive step, including the assessment of prior art and the hypothetical skilled addressee.

The Full Federal Court upheld the appeal, finding the patent invalid on both grounds of lack of novelty and lack of inventive step. The Court ordered that the patent be revoked.