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Remedies for IP infringement: when additional damages aren’t

Australia’s Designs Act provides courts with a broad discretion as to the relief that may be granted for infringement. The specific heads of relief that are outlined (in a non-limiting way) in s75 of the Act include...more

Missed a patent deadline in Australia? It may not be as bad as you think

Australian patent law is quite generous when it comes to extensions of time. Where a deadline is missed due to a genuine error or omission, it is often the case that the deadline can be extended. It is not necessary to show...more

RPL Central: High Court Refuses Special Leave

The RPL Central case has been working its way through the Australian Courts since 2013. The case concerns the subject matter eligibility of a computer implemented invention for assessing the competency or qualifications of...more

Draft Report on Australia’s Intellectual Property Arrangements

Australia’s Productivity Commission has released a draft report regarding intellectual property (IP) in Australia. The draft report covers various IP rights and provides the Commission’s draft findings and recommendations in...more

Protecting GUI Designs in Australia: More Questions than Answers

Many countries allow graphical user interface (GUI) features to be protected by registered designs. The current position in Australia is not clear. The position of the Australian Designs Office, which is responsible...more

New Appeal decision on computer implemented inventions in Australia

On 11 December 2015 Australia’s Federal Court handed down its decision in the RPL Central appeal – a case dealing with the patentability of computer implemented inventions in Australia. The Court overturned the first...more

Abolition of the Australian Innovation Patent?

The Australian patent system currently provides for two different patent rights: standard patents and innovation patents. In May this year Australia’s Advisory Council on Intellectual Property (ACIP) released a statement...more

8/13/2015  /  ACIP , Innovation Patent , Inventions , Patents , SMEs

Final report on the review of Australia’s designs system

In 2012 Australia’s Advisory Council on Intellectual Property (ACIP) was tasked with reviewing the Australian designs system. ACIP has now released its final report...more

Computer implemented inventions in Australia: The current state of play

A Full Court of Australia’s Federal Court has handed down its appeal decision in Research Affiliates LLC v Commissioner of Patents. While there was anticipation that the decision would provide general guidance on the...more

12/16/2014  /  Australia , Patent Litigation , Patents

Australian designs system under review

In May 2012 a review of the Australian designs system was requested. Australia’s Advisory Council on Intellectual Property (ACIP) has been conducting this review and on 3 December 2014 released an Options Paper for...more

Computer Implemented Business Scheme not Patentable in Australia

A Full Court of Australia’s Federal Court has handed down its appeal decision in Research Affiliates LLC v Commissioner of Patents [2014] FCAFC 150. This decision deals with the patentability of computer implemented...more

Australia awaits Federal Court guidance on the patentability of computer-implemented inventions

Anyone with an interest in the patentability of computer-implemented inventions in Australia has been awaiting judgment in the appeal to the Research Affiliates LLC v Commissioner of Patents decision. Anticipation is...more

Alice v CLS Bank: An Australian Perspective

Over the decades, the use of patents to protect “software” or “computer implemented” inventions has been the subject of much debate: both on the philosophical question of whether such inventions should be patentable, and on...more

Amendments To Australia’s Intellectual Property Laws

On 19 March 2014, the Intellectual Property Laws Amendment Bill 2014 (Cth) (the Bill) was introduced into parliament. Most substantively, the Bill seeks to introduce a compulsory licensing scheme for pharmaceuticals...more

The Opening Decision Of The Australian Patent Office For 2014 – Another Invention Refused For Lack Of Patentable Subject Matter

In the first published decision by the Australian Patent Office for 2014, Aqua Index Ltd [2014] APO 2 (‘Aqua Index’), the Delegate of the Commissioner of Patents has refused yet another patent application for not being...more

Computer Implemented Inventions In Australia: The Saga Continues …

An ongoing issue in Australian patent law is the extent to which computer-implemented inventions are eligible subject matter for patentability. Two single-judge Federal Court decisions on this matter have been handed...more

Applying The Designs Act 2003: Multisteps In The Right Direction?

Summary - The recent Multisteps Pty Limited v Source and Sell Pty Limited [2013] FCA 743 decision provides insight as to how the Federal Court of Australia grapples with some of the key legal principles arising in...more

9/27/2013  /  Australia , Designs Act , EU , Patents , UK

Five Things To Keep In Mind When Pursuing Registered Design Protection In Australia

1) Illustrated features cannot be entirely disregarded. 2) A design must be in respect of a self-contained product. 3) Designs are published relatively quickly – typically 8 to 10 months from the earliest priority...more

9/23/2013

Australian Designs System Under Review

Australia’s current Designs Act was passed in 2003 and commenced in 2004. Given its age, and concerns that have been raised over the years, the Australian Government has appointed an independent body – The Advisory Council on...more

9/20/2013  /  ACIP , Australia , Designs Act , Patents

Encouraging Developments For Computer Implemented Inventions In Australia

On 30 August 2013, the Federal Court of Australia delivered a judgment on the patentability of computer implemented inventions: RPL Central Pty Ltd v Commissioner of Patents. In summary, Justice Middleton found claims...more

Are your confidential documents confidential?

In April 2013 Australian patent law will change to more closely align patent attorney privilege with legal professional privilege. While this is a welcome change, and will hopefully rectify certain flaws of the current...more

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