National Research Development Corporation V Commissioner Of Patents (1959) 102 CLR 252
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National Research Development Corporation V Commissioner Of Patents (1959) 102 CLR 252
''National Research Development Corporation v Commissioner of Patents'', also known as the ''NRDC case'',. was a significant Australian patent law case, decided in the High Court of Australia on 6 December 1959. The case was important in clarifying what is meant by "manner of manufacture" in respects of patent applications in accordance with the ''Patents Act'' 1952 (Cth).. Facts The National Research Development Corporation (NRDC) discovered a new method to apply known chemicals to the soil so as to kill weeds but not the crops. The chemicals were known to science but were never used in the process of eradicating weeds. NRDC applied for a patent for the new process. The Commissioner of Patents rejected the application on the grounds that it was not a "manner of manufacture" under section 6 of the Statute of Monopolies because * the invention was neither a new saleable product nor a new process for producing a saleable product * the invention involved an agricultural process ...
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High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ...
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Trifolium
Clover or trefoil are common names for plants of the genus ''Trifolium'' (from Latin ''tres'' 'three' + ''folium'' 'leaf'), consisting of about 300 species of flowering plants in the legume or pea family Fabaceae originating in Europe. The genus has a cosmopolitan distribution with highest diversity in the temperate Northern Hemisphere, but many species also occur in South America and Africa, including at high altitudes on mountains in the tropics. They are small annual, biennial, or short-lived perennial herbaceous plants, typically growing up to 30 cm tall. The leaves are trifoliate (rarely quatrefoiled; see four-leaf clover), monofoil, bifoil, cinquefoil, hexafoil, septfoil, etcetera, with stipules adnate to the leaf-stalk, and heads or dense spikes of small red, purple, white, or yellow flowers; the small, few-seeded pods are enclosed in the calyx. Other closely related genera often called clovers include ''Melilotus'' (sweet clover) and '' Medicago'' (alfalfa or Calvary clover ...
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Australian Patent Case Law
Australian(s) may refer to: Australia * Australia, a country * Australians, citizens of the Commonwealth of Australia ** European Australians ** Anglo-Celtic Australians, Australians descended principally from British colonists ** Aboriginal Australians, indigenous peoples of Australia as identified and defined within Australian law * Australia (continent) ** Indigenous Australians * Australian English, the dialect of the English language spoken in Australia * Australian Aboriginal languages * ''The Australian'', a newspaper * Australiana, things of Australian origins Other uses * Australian (horse), a racehorse * Australian, British Columbia, an unincorporated community in Canada See also * The Australian (other) * Australia (other) * * * Austrian (other) Austrian may refer to: * Austrians, someone from Austria or of Austrian descent ** Someone who is considered an Austrian citizen, see Austrian nationality law * Austrian German dialect * Someth ...
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Australian Property Law
Australian property law, or property law in Australia, is the system of laws regulating and prioritising the Property law rights, interests and responsibilities of individuals in relation to "things". These things are a form of "property" or "right" to possession or ownership of an object. The law orders or prioritises rights and classifies property as either real and tangible, such as land, or intangible, such as the right of an author to their literary works or personal but tangible, such as a book or a pencil. The scope of what constitutes a thing capable of being classified as property and when an individual or body corporate gains priority of interest over a thing has in legal scholarship been heavily debated on a philosophical level. Land law Land is the predominant focus of Western property law, particularly Australian property law. Legal developments in this field outweigh the development of other forms of property law, this is primarily due to the high value of land in ...
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High Court Of Australia Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * " ...
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Lucerne
Lucerne ( , ; High Alemannic German, High Alemannic: ''Lozärn'') or Luzern ()Other languages: gsw, Lozärn, label=Lucerne German; it, Lucerna ; rm, Lucerna . is a city in central Switzerland, in the Languages of Switzerland, German-speaking portion of the country. Lucerne is the capital of the canton of Lucerne and part of the Lucerne (district), district of the same name. With a population of approximately 82,000 people, Lucerne is List of cities in Switzerland, the most populous city in Central Switzerland, and a nexus of economics, transportation, culture, and media in the region. The city's urban area consists of 19 municipalities and towns with an overall population of about 220,000 people. Owing to its location on the shores of Lake Lucerne (german: Vierwaldstättersee) and its outflow, the river Reuss (river), Reuss, within sight of the mounts Pilatus (mountain), Pilatus and Rigi in the Swiss Alps, Lucerne has long been a destination for tourists. One of the city's landm ...
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Parsnip
The parsnip (''Pastinaca sativa'') is a root vegetable closely related to carrot and parsley, all belonging to the flowering plant family Apiaceae. It is a biennial plant usually grown as an annual. Its long taproot has cream-colored skin and flesh, and, left in the ground to mature, it becomes sweeter in flavor after winter frosts. In its first growing season, the plant has a rosette of pinnate, mid-green leaves. If unharvested, in its second growing season it produces a flowering stem topped by an umbel of small yellow flowers, later producing pale brown, flat, winged seeds. By this time, the stem has become woody and the tap root inedible. The parsnip is native to Eurasia; it has been used as a vegetable since antiquity and was cultivated by the Romans, although some confusion exists between parsnips and carrots in the literature of the time. It was used as a sweetener before the arrival of cane sugar in Europe. Parsnips are usually cooked, but can also be eaten raw. T ...
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Celery
Celery (''Apium graveolens'') is a marshland plant in the family Apiaceae that has been cultivated as a vegetable since antiquity. Celery has a long fibrous stalk tapering into leaves. Depending on location and cultivar, either its stalks, leaves or hypocotyl are eaten and used in cooking. Celery seed powder is used as a spice. Description Celery leaves are pinnate to bipinnate with rhombic leaflets long and broad. The flowers are creamy-white, in diameter, and are produced in dense compound umbels. The seeds are broad ovoid to globose, long and wide. Modern cultivars have been selected for either solid petioles, leaf stalks, or a large hypocotyl. A celery stalk readily separates into "strings" which are bundles of angular collenchyma cells exterior to the vascular bundles. Wild celery, ''Apium graveolens'' var. ''graveolens'', grows to tall. Celery is a biennial plant that occurs around the globe. It produces flowers and seeds only during its second year. The first cul ...
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Medicago
''Medicago'' is a genus of flowering plants, commonly known as medick or burclover, in the legume family (Fabaceae). It contains at least 87 species and is distributed mainly around the Mediterranean basin. The best-known member of the genus is alfalfa (''M. sativa''), an important forage crop, and the genus name is based on the Latin name for that plant, , from el, μηδική (πόα) Median (grass). Most members of the genus are low, creeping herbs, resembling clover, but with burs (hence the common name). However, alfalfa grows to a height of 1 meter, and tree medick (''M. arborea'') is a shrub. Members of the genus are known to produce bioactive compounds such as medicarpin (a flavonoid) and medicagenic acid (a triterpenoid saponin). Chromosome numbers in ''Medicago'' range from 2''n'' = 14 to 48. The species ''Medicago truncatula'' is a model legume due to its relatively small stature, small genome (450–500 Mbp), short generation time (about 3 months), and ability to ...
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Statute Of Monopolies
The Statute of Monopolies 162321 Jac 1 c 3 was an Act of the Parliament of England notable as the first statutory expression of English patent law. Patents evolved from letters patent, issued by the monarch to grant monopolies over particular industries to skilled individuals with new techniques. Originally intended to strengthen England's economy by making it self-sufficient and promoting new industries, the system gradually became seen as a way to raise money (through charging patent-holders) without having to incur the public unpopularity of a tax. Elizabeth I particularly used the system extensively, issuing patents for common commodities such as starch and salt. Unrest eventually persuaded her to turn the administration of patents over to the common law courts, but her successor, James I, used it even more. Despite a committee established to investigate grievances and excesses, Parliament made several efforts to further curtail the monarch's power. The result was the Statut ...
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Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cited ...
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Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ...
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