Evolution of “Inventive Step”-like Elements in Australian Patent Laws
"Inventive step"-like elements (ISLEs) may arise in the assessment of "invention" and "novelty" in the Patents Act 1990 (Cth) . This article questions the efficiency and effectiveness of leaving these elements in place and whether the issues might be better determined solely as a question of "inventive step". The article concludes, in the context of promoting regulatory quality and performance, that these ISLEs add unnecessary costs and complexity to Australia's patent laws.
Australian Intellectual Property Journal