Carol Burnton

Carol Burnton

Freehills Patent Attorneys

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Prior claiming in Australia…has news of its demise been greatly exaggerated? Is prior claiming still applicable to the remaining...

Prior claiming was a ground of invalidity under the Patents Act 1952 (1952 Act). It prevented grant of a patent claiming subject matter already claimed by another patent. Prior claiming was superseded by the broader concept...more

8/21/2014 - Australia Australian Patent Office Patents Pharmaceutical Pharmaceutical Patents Prior Art

Gone but not forgotten…is the archaic ground of prior claiming relevant to “whole of contents” novelty?

This is one of two related articles on aspects of prior claiming. Prior claiming was a ground of invalidity under the Patents Act 1952 (1952 Act). It prevented grant of a patent claiming subject matter already claimed by...more

8/21/2014 - Patent Infringement Patent Litigation Patent Reform Patents USPTO

When Other People’s Patents Get In Your Way...

Have you ever said to yourself, “my product isn’t new so I don’t need to worry about patents” or “the success of my business depends on product quality and developing customer loyalty. Patents don’t generate profits so I...more

11/4/2013 - Infringement Patent Applications Patentability Search Patents

Addressing Pharma IP Law Imbalances

The Australian government’s review of IP law in relation to pharmaceuticals proposes changes to tackle imbalances. The Australian pharmaceutical market is significant, servicing 23 million people, and is dominated by...more

8/26/2013 - Australia Patent Infringement Patents Pharmaceutical

New Risks For Patent Applicants Requesting Claim Amendment

In a first consideration of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (the Raising the Bar Act) the Australian Patent Office has held that it must refuse to process an amendment where there is a...more

6/25/2013 - Australia Australian Patent Office New Legislation Patent Applications Patents Raising The Bar Act

Key Recommendations From The Australian Pharmaceutical Patents Review

The Australian Government has continued with the trend of reviewing Australian patent law by commissioning a review of laws relating to patents for medicines ie pharmaceutical patents. The Pharmaceutical Patents Review Panel...more

4/11/2013 - Exports Generic Drugs Infringement Manufacturers Patent Term Adjustment Patents Pharmaceutical Patents Registration

Inherent Lack Of Novelty: When Prior Art Documents Destroy Novelty Without Express Disclosure Of All Features Of A Claim

Inherency is not part of Australian novelty law according to the courts. But a recent appeal court decision considers novelty where there is either implicit disclosure or the claimed invention is the inevitable result of the...more

3/12/2013 - Disclosure Lack of Novelty Patents Prior Art

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