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Dividing and Conquering: Best Method Obligations Follow Every Divisional Patent Application

Dividing and Conquering: Best Method Obligations Follow Every Divisional Patent Application

In an important decision, the Full Federal Court in The NOCO Company v Brown and Watson International 1 held that the relevant date for assessing the best method known to the applicants is the filing date of each divisional application. This judgment carries significant implications for patent filing and litigation strategies, as patentees must consider the adequacy of the best method disclosures in existing and future divisional patent specifications.

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