Raymond Ludwig John Tettman v Technological Resources Pty. Limited

Raymond Ludwig John Tettman is opposing the grant of a patent to Technological Resources Pty. Limited. The dispute revolves around the validity of a patent application concerning a system for bulk assessment and bulk sorting of mined material. The case was heard in the Federal Court of Australia. The primary legal issues the court had to address were whether the patent met the requirements of manner of manufacture under section 18(1)(a), novelty under section 18(1)(b)(i), and inventive step under section 18(1)(b)(ii) of the Patents Act 1990 (Cth).

The court examined whether the patent's claims were directed to a mere working direction or involved a manner of manufacture. The court concluded that the patent lacked the essential characteristics of a manner of manufacture, as it did not constitute a process for making or constructing a new thing or a new quality. Furthermore, the court found that the patent lacked novelty and inventive step, considering it was common general knowledge in the field of mineral processing. The court emphasised that confidentiality obligations of an organisation do not indicate common general knowledge. As a result, the opposition was successful, and the application for the patent was refused. The court also awarded costs against the applicant.

In summary, the Federal Court found that the patent did not meet the criteria for manner of manufacture, novelty, and inventive step. The opposition was successful, and the patent application was refused. The court awarded costs against the applicant, Technological Resources Pty. Limited.