Australia manner of manufacturemethods of medical treatment

Rescare Ltd v Anaesthetic Supplies Pty Ltd

Anaesthetic Supplies Pty Ltd v Rescare Ltd (1992) 25 IPR 119; (1992) 111 ALR 205 (Gummow J, first instance)

JurisdictionAustralia

CourtFederal Court of Australia

Year1992

StatusBinding authority

Key Principle

A method of medical (therapeutic) treatment of the human body is patentable subject matter as a 'manner of manufacture' under s 6 of the Statute of Monopolies, provided it produces an artificially created state of affairs of economic utility; there is no special exclusion of methods of medical treatment.

Area of Law

General

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