Voestalpine Schienen GmbH v Nippon Steel & Sumitomo Metal Corporation

Voestalpine Schienen GmbH sought to oppose the grant of a patent to Nippon Steel & Sumitomo Metal Corporation for their invention in flash butt welding of high carbon hypereutectoid steel rails, which aimed to reduce heat affected zones and softened width. The Federal Court of Australia was tasked with determining whether the patent met the requirements of novelty, inventive step, clear and complete disclosure, claim support, and usefulness under the Patents Act 1990 (Cth). The Court had to assess whether the patent was truly novel and involved an inventive step, whether it was adequately disclosed, whether the claims were supported by the specification, and whether the invention was useful. The Court found that the patent was novel and involved an inventive step. The Court determined that the patent did not lack novelty in light of the prior art cited by the opponent. The Court also found that the patent involved an inventive step as it would not have been obvious to a person skilled in the art. The Court further held that the patent was clear and complete enough, the claims were supported by the specification, and the invention was useful. The Court concluded that the opposition was unsuccessful on all grounds and directed that the patent application proceed to grant. The Court also awarded costs to both parties in accordance with Schedule 8 of the Federal Court Rules.