National Research Development Corporation v Commissioner of Patents
| Jurisdiction | Australia Federal only |
| Neutral Citation | [1959] HCA 67,1959-1216 HCA A |
| Date | 1959 |
| Court | High Court |
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40 firm's commentaries
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Survival Of The Fittest: F45's Patents Revoked, Body Fit Found Not To Have Infringed
...Patents did disclose a 'manner of manufacture', as they gave rise to an 'artificially created state of affairs' in satisfaction of the test in NRDC.10 Specifically, F45 pointed to the fact that its invention required that the exercise stations be physically configured based on the informati......
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Isolated genetic material: invention or land grab? The D'Arcy v Myriad Genetics case
...n 10, at [145]-[149]. 14 This type of product was held in the leading case of National Research Development Corp v Cmr of Patents (1959) 102 CLR 252; [1960] ALR 114; [1961] RPC 134; BC5900480 to be included in the definition of "method of manufacture". 15Above, n 10, at [12]. 16 Above, n 10......
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Abstract Ideas And Generic Computers: Expanded Full Court Leaves Software Patent Requirements Unchanged
...its form. The notion of "vendible product", which the High Court in National Research Development Corporation v Commissioner of Patents [1959] HCA 67 (NRDC) interpreted broadly and which led to certain methods being considered patent-eligible, was used by the High Court because of the quali......
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A lost opportunity? Full Federal Court holds that mere abstract ideas using generic computer technology lack patentability
...question, the Court has been guided by two questions set out in National Research Development Corporation v Commissioner of Patents (1959) 102 CLR 252 does the invention consist of an artificial state of affairs; and is the significance of the invention economic? This test has been applied ......
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5 books & journal articles
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The 2017 Winterton Lecture. Sir Owen Dixon Today
...Ltd v Victoria23of earlier apparent approval 12 National Research Development Corporation v Commissioner of Patents (1959) 102 CLR 252; [1959] HCA 67. 13 (2015) 258 CLR 334; [2015] HCA 35. 14 (1941) 66 CLR 237, 283-4; [1941] HCA 22. 15 (1933) 55 CLR 182; [1933] HCA 1. 16 (1936) 55 CLR 193; ......
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On the legality of gene patents.
...See, eg, Patents Act 1990 (Cth) s 18(1) and the definition of invention in sch 1. (52) See, eg, ALRC, above n 5, [6.20]-[6.30]. (53) (1959) 102 CLR 252 (54) Ibid 253 (Dixon CJ, Kitto and Windeyer JJ). (55) Patents Act, 35 USC [section] 101 (1952). (56) 447 US 303,309 (1980) ('Chakrabarty').......
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RECENT DEVELOPMENTS IN COPYRIGHT AND PATENT PROTECTION OF COMPUTER SOFTWARE1
...Court decisions in Gottschalk v Benson409 US 63 (1972), Parker v Flook437 US 584 (1978), and Diamond v Diehr, supra, note 125. 137 (1959) 102 CLR 252. 138 (1993) 15 EIPR D-29. 139 For instance, another fairly recent case dealing with the patentability of a computer program related invention......
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Are plant breeder's rights outdated? A descriptive and empirical assessment of plant breeder's rights in Australia, 1987-2007.
...plant varieties were patentable by referring to the decision of National Research Development Corporation v Commissioner of Patents (1959) 102 CLR 252 and the decision of the Assistant Commissioner of Patents in relation to Rank Hovis McDougall Ltd's application to the Australian Patents Of......
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