AU Patent Attorney Practice Questions - Australian Patent Attorney Registration Examinations (TTIPAB) Exam

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In NRDC v Commissioner of Patents (1959) 102 CLR 252, the High Court held a method of selectively killing weeds was patentable subject matter. What principle did the Court establish for 'manner of manufacture'?

A product must be a physical, tangible article to be patentable An artificially created state of affairs of economic significance can be a manner of manufacture Only chemical compounds, not methods, are patentable Agricultural methods are categorically excluded from patentability

Correct Answer:

An artificially created state of affairs of economic significance can be a manner of manufacture

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