IP SPOTLIGHT DEC 18

Mining has often been considered slow in implementing innovation and technological transformations compared to other fields - such as the automotive industry. However, the number of patent applications being filed by mining companies and those in the Mining Equipment, Technology and Services sector (METS) in Australia is significant, both in numbers and in its diversity.

– – separating each segment of the crushed ore on the basis of grade of the segment into a category that is at or above a first-grade threshold or a category that is below the first-grade threshold by dry sorting the segment – – processing separated segments in a downstream processing plant and producing upgraded material. The patent application was opposed at acceptance, ultimately proceeding to a Patent Office hearing and in turn an appeal of that Patent Office decision before the Australian Federal Court (Technological Resources Pty Limited v Tettman [2019] FCA 1889). In summary, theopponent advancedargument asserting that the invention was a ‘mere scheme’ and/or ‘mere working directions’. These arguments were unsuccessful. It was held that the invention is a functionally integrated series of steps wherein each subsequent step depends on the creation of a new state of affairs by the preceding step, highlighting that “…the invention involves physical steps carried out on a physical product using physical apparatus, to produce a physical and tangible result”. This decision certainly supports the view that no ‘good idea’ should be dismissed, despite suggestions that it may not be ground-breaking. AUTONOMOUS VEH I CLES One of the most talked-about topics in mining is automation, including the increasing use of autonomous trucks and driverless trains. These ideas are familiar here in Western Australia, particularly in the Pilbara, where autonomous vehicle operations have expanded over the last 10 years as miners push for improved productivity and safety. Automation is fertile ground for patents, despite what might appear to be the routine application of known technology. In many instances the patentability of autonomous vehicle inventions resides in the control systems, typically achieved through an algorithm working in collaboration with on-board sensors and networks, to propel the vehicle without colliding.

INNOVATION IN MINING – NOT ALL SO GROUND-BREAKING?

We will explore the different types of patents used at various stages of mining – from primary ore to target metal.

MI NERAL PROCESS I NG FLOWSHEET Unsurprisingly, patents originating from Australia are heavily focused on extracting as much value from the mined ore. A typical mineral processing patent consists of a step by step method of various operations in a particular order. The key subject matter of the invention may be that the novel flowsheet achieves the extraction of a higher-grade ore with additional benefits, such as less impact on the environment or one without extensive (expensive) operations. Patent AU 2011261171 filed by Rio Tinto’s subsidiary - Technological Resources Pty Ltd, is one example. This patent discloses a method of mining titled “Separating Mined Material” that includes the following steps: – – mining ore – – reducing the size of mined ore in a crushing step and producing a crushed ore having a primary crushed ore particular size – – assessing the grade of successive segments of the crushed ore by direct assessment of grade as the crushed ore is transported along a pathway

6 | wrays.com.au

wrays.com.au | 7