EOFY Sale · Save up to $750 off your legals · Ends 30 June

Claim offer
Selected cases

Federal Court of Australia - Full Court · [2026] FCAFC 44

The NOCO Company v Brown and Watson

A Full Court patent case about jump starter products, infringement, invalidity, priority claims and best-method disclosure in divisional patents.

Federal Court of Australia - Full Court10 Apr 2026

Plain-English explainers, not legal advice. Check the linked official source before you rely on a specific section, and get advice for your situation.

Get legal help

Start here

Quick read

  • Patent protection only works if the claims, priority story and best-method disclosure are disciplined.
  • A Full Court patent case about jump starter products, infringement, invalidity, priority claims and best-method disclosure in divisional patents.

Use this to check

  • Broad patent claims must be supported by the priority document.
  • Divisional patent applications can raise fresh best-method disclosure issues.
  • Commercial product improvements may matter if they relate to core features of the invention.

Decision snapshot

  1. 1

    What happened

    • The NOCO Company owned three Australian patents for portable vehicle battery jump starter apparatus with safety protection.
    • The patents related to jump starters for depleted vehicle batteries and were in the same patent family, claiming an earliest priority date from a 2014 PCT application.
    • NOCO sued Brown and Watson International, the Australian company behind Projecta Intelli-Start jump starter products, alleging patent infringement.
    • Brown and Watson cross-claimed that the patents were invalid.
  2. 2

    What the court had to decide

    • The Full Court had to decide whether the primary judge erred in dismissing NOCO's patent infringement claim, finding asserted patent claims invalid for lack of inventive step and priority problems, and rejecting Brown and Watson's best-method challenge.
    • The appeal also required consideration of the relevant filing date for best-method disclosure in divisional patent applications.
  3. 3

    What the court decided

    • The Full Court dismissed NOCO's appeal.
    • It upheld the primary judge's reasoning on obviousness and priority, accepted Brown and Watson's best-method argument as an additional invalidity ground, and varied the costs order so that NOCO was to pay 85 percent of Brown and Watson's first-instance costs as well as the costs of the appeal.

Practical impact

Practical read

  • Patent protection only works if the claims, priority story and best-method disclosure are disciplined.
  • Product businesses should not assume broad later patent claims will survive just because an earlier application described the commercial idea.

Useful next steps

  • Broad patent claims must be supported by the priority document.
  • Divisional patent applications can raise fresh best-method disclosure issues.
  • Commercial product improvements may matter if they relate to core features of the invention.
  • Patent enforcement should be stress-tested for validity before proceedings begin.
  • Accused infringers should review priority, obviousness and best method, not just infringement.

Practical read

This is a big patent case, but the product-business lesson is very concrete. NOCO had a real product area and a patent family around battery jump starters. The problem was the legal fit between the broad claims being asserted, the earlier priority document and what NOCO knew about the best way to make the invention work.

The Full Court upheld the core result against NOCO. Some claims were not entitled to the earlier priority date because the earlier PCT document did not disclose the invention at the breadth later claimed. The Court also accepted Brown and Watson's best-method point. By the time the later divisional applications were filed, NOCO knew about improvements to core features such as battery size and switching arrangements, but the specifications did not disclose the best method known to it for performing the invention.

For founders, manufacturers and product importers, this is a reminder that IP strategy is not just filing something early. Patent claims need to track what the original disclosure actually supports. If the business later learns a better way to make a core feature work, the patent filing strategy has to deal with that. On the other side, a business accused of infringement should check priority, obviousness, best method and the gap between the patent wording and the real product.

Checks to run

Key points

  • Map each patent claim back to the original priority document.
  • Record product improvements that relate to core claimed features.
  • Check divisional applications for best-method disclosure at their own filing dates.
  • Run validity analysis before sending infringement letters or starting proceedings.
  • Keep engineering, patent attorney and litigation files aligned on how the product actually works.

Key takeaways

  • Broad patent claims must be supported by the priority document.
  • Divisional patent applications can raise fresh best-method disclosure issues.
  • Commercial product improvements may matter if they relate to core features of the invention.
  • Patent enforcement should be stress-tested for validity before proceedings begin.
  • Accused infringers should review priority, obviousness and best method, not just infringement.

Related topics

How Sprintlaw can help