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U-turn on trans-Tasman patent processes

The New Zealand (NZ) government has recently done “a complete U-turn” on planned trans-Tasman processes in the latest round of patent reforms, as a NZ parliament member puts it. In a second reading with 160 for and 14...more

Contributing to a patent claim might not make you a co-inventor

A decision by the Full Federal Court of Australia has found that even if you have contributed to an invention and your contribution has led to a patent claim, you may not be a co-inventor for that claim. The case...more

Australian & NZ single patent examination: Soon you may not have a choice

A single trans-Tasman patent regime allows counterpart Australian and NZ patent applications to be examined by a single examiner in either country. It now emerges that such combined examination can be made compulsory by the...more

Expanding the PPH in Australia

A Memorandum of Understanding (MoU) has paved the way for the European Patent Office (EPO) to partner with the Australian Patent Office in a Patent Prosecution Highway (PPH) pilot program. The PPH program has been in use...more

Patentee Blindsided By Partially Uncorroborated Evidence

Evidence of what occurred over 15 years ago was ultimately accepted despite being only partially corroborated. As a result, many of the claims from Damorgold’s patent have been held invalid for lack of novelty based on that...more

4/8/2014  /  Evidence , Patent Litigation , Patents

Australian Patent Office Steps Up To The Challenge On Inventive Step

Traditionally, it has been relatively easy in Australia, compared with the US or Europe, to meet the threshold level of inventiveness needed for an inventive step. However, a recent Federal Court decision has shown that the...more

3/25/2014

Breaking The Shackles – Changes To Divisional Application Practice In Europe

From 1 April 2014, the 24 month deadline to file a divisional patent application in Europe will be abolished. From this date, divisional applications can be filed at any time provided the parent application has not proceeded...more

11/27/2013  /  Divisional Applications , EPO , EU , Patents

New Zealand Approves Trans-Tasman Patent Regime

The New Zealand Government has announced approval of a single trans-Tasman patent application and examination regime. Although still some time away from actual implementation, the proposed co-operative regime sets to benefit...more

11/27/2013  /  Australia , New Zealand , Patents

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

One Patent Application, One Examination, One Profession, Two Patents

The Intellectual Property Laws Amendment Bill 2013 was introduced into Parliament on 30 May 2013....more

A warning to US & foreign companies on Australian patent infringement by common design: Bayer Pharma AG v Genentech Inc [2012] FCA...

US and other foreign companies that do not have Australian commercial operations will be interested in this decision because it contains prima facie findings that some, perhaps, widely used commercial practices involving...more

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