Supercharging section 40: Full Court confirms date for assessing best method for divisional patents
17 April 2026
In The NOCO Company v Brown and Watson International Pty Ltd [2026] FCAFC 44, the Full Court of the Federal Court has affirmed previous decisions that the relevant date for assessing a patentee’s disclosure of the best method under s 40(2)(aa) of the Patents Act 1990 is the date of filing the patent in suit, not any earlier priority or parent document.
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