Evolution of “Inventive Step”-like Elements in Australian Patent Laws

Abstract

"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.