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Date Published

If the work undertaken by an inventor in order to produce an invention was particularly complex, and not readily carried out, this is an indication that it was not a matter of routine. In such cases the invention would not be obvious.

"The tracing of a course of action which was complex and detailed, as well as laborious, with a good deal of trial and error, with dead ends and the retracing of steps is not the taking of routine steps to which the hypothetical formulator was taken as a matter of course."

Aktiebolaget Hassle v Alphapharm Pty Ltd [2002] HCA 59 at [58]; (2002) 212 CLR 411.

This is different to cases of "mere verification", where an inventor merely follows the teaching of the prior art (even if that teaching is complex) to achieve the expected result. In this regard, note Sharp & Dohme Inc v Boots Pure Drug Co Ltd (1928) 45 RPC 153 at 192.

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