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Singapore – Avoid undue delays when requesting post-grant amendments

The legal system of Singapore is based on the English common law system, and therefore it has both a shared heritage and enduring commonality with other English common law jurisdictions. There is not a large body of patent...more

Reg. 5.23 - When evidence isn’t considered to be evidence, but is still considered as evidence

Reg. 5.23 can be used to file evidence outside of the appropriate evidentiary period, even when a request for an extension of time is denied. ...more

Enablement and examination post raising the bar

The amendments to the Patents Act under Raising the Bar brought changes to the enablement provisions required by Australian patent specifications. This article provides a brief review of three recent categories of...more

How an object statement can bring down your patent

An Australian Court has just ruled that for a given patent claim to be valid, every promise about the invention in the specification must be delivered by enacting that claim....more

Product Management Group Pty Ltd v Blue Gentian LLC (2015) FCAFC 179

This case demonstrates the difficulties of invalidating a claim due to lack of clarity. This has two main implications. Firstly, in approaching the task of claim construction for claims with substantial clarity issues,...more

How high has the bar been raised? The Australian Patent Office issues its first opposition decision on a post ‘Raising the Bar’...

In brief: - In the first opposition decision of the Australian Patent Office to apply the post-‘Raising the Bar’ disclosure and support requirements, the hearing officer applied principles derived from UK and European...more

Nichia Corporation v Arrow Electronics [2015] FCA 699

The key issue - The key issue considered in this judgment was the criteria under which a single claim could be considered to define multiple forms of an invention, with each form of the invention attributed its own...more

Have the Courts lowered the bar on inventive step?

Implications - A number of key points arising from the recent AstraZeneca AB v Apotex Pty Ltd [2014] FCAFC 99 decision have broad implications for the assessment of invention step under the Patents Act (1990). -...more

Woodside Energy Limited v Exxon-Mobil Upstream Research Company [2014] APO 53

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

Patent Office Adopts Hard Line On Requests For Extensions Of Time In Patent Oppositions

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

An Easy Guide To Australia’s New Patent Law Under The Intellectual Property Laws Amendment (Raising The Bar) Act 2012 - Updated 16...

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

Changes To Patent Entitlement In Australia And New Zealand (Updated 15 April 2013)

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

Will Raising The Bar Changes Affect “Means-Plus-Function” Language In Australia?

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

A US and Australian comparison of “Means plus function”

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. ...more

IP Australia to introduce e-Filing of patent and design applications

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

11/20/2012  /  Electronic Filing , Patents

Changes to patent entitlement in Australia and New Zealand

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

11/15/2012
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