Avery Dennison Corporation v. Controller of Patents and Designs

This case involves an appeal against the Controller of Patents' decision to refuse a patent application for a 'Notched Fastener'. The Controller had rejected the application, citing a lack of inventive step based on existing prior art. The applicant, Avery Dennison, argued that their invention offered technical advancements over the prior art, particularly regarding the notch's design and its impact on fastener dispensing efficiency. The High Court reviewed the principles for assessing inventive step, including the "obvious to try" and "problem/solution" approaches, and compared the claimed invention to the cited prior art. The Court found that the Controller's reasoning was flawed and that the invention did indeed meet the criteria for an inventive step, considering the long period during which the problem remained unsolved despite available prior art. Result: Appeal against refusal of patent application allowed; patent to be granted.