Article: Intellectual Property News.

Patents

Australia

Full Federal Court rejects sweetener patent appeal In the latest in a series of ongoing cases between Ajinomoto Co Inc ('Ajinomoto') and NutraSweet Australia Pty Ltd ('Nutrasweet'), the Full Federal Court has affirmed that Ajinomoto's patent for a blended sweetener is invalid, on the ground of lack of inventive step. The Court's judgment focused on two principal issues: first, the construction of the legislative expression 'work in the relevant art in [Australia]', and secondly, the admissibility of a relevant piece of prior art as evidence of obviousness as provided in s 18 of the Patents Act. The Court construed the art relevant to ...

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