A number of key points arising from the recent AstraZeneca AB v Apotex Pty Ltd  FCAFC 99 decision have broad implications for the assessment of invention step under the Patents Act (1990).
This decision highlights the importance of drafting any claims to a “method of design” with the tests for manner of manufacture firmly in mind. There is no reason that a claim to a method of design should not be patentable...more
In refusing to grant an extension of time in the Tred v McCarthy decision, the Patent Office has indicated that they will interpret the new provisions relating to requests for an extension of time during an opposition very...more
The most significant amendment to Australia’s patent legislation since enactment of the current Patents Act 1990 (Cth) has now come into effect with the passing of the Intellectual Property Laws Amendment (Raising the Bar)...more
The correct legal entitlement of an applicant to apply for, or be granted a patent, is a cornerstone of the patent system in all major jurisdictions. Incorrect entitlement can invalidate a granted patent. Some jurisdictions...more
The use of means-plus-function language has been a settled matter in Australia – such language allows a feature of an invention to be claimed, broadly, as being all ways to achieve some function or result. An article on this...more
Means-plus-function language in patent claims is interpreted very differently in Australia compared to the US. This can lead to vastly different findings with regards to validity and/or infringement.
Electronic filing applies to:-
•standard, divisional, innovation and provisional patent applications and applications for design registration filed after 1 December 2012,
•patent applications claiming priority...more
Entitlement in Australia and New Zealand -
The correct legal entitlement of an applicant to apply for, or be granted a patent, is a cornerstone of the patent system in all major jurisdictions. Incorrect entitlement can...more