FPA Patent Attorneys

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Level 42
101 Collins St
Melbourne, Victoria 3000, Australia
Contact: Andrea Teague, Marketing Coordinator
Phone: +61 3 9288 1577
Areas of Practice
  • Intellectual Property
Locations
Other Countries
  • Australia
Number of Attorneys
25-50 Attorneys

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

Australia, Evidence, Innovation Patent, Intellectual Property Litigation, Intellectual Property Protection

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2016 – a year at a glance

What is a human? When is your best method not good enough? When is an inventor not an inventor? What happens when your patent application fails to deliver on its promise? These are just a few of the questions that the Australian…more

AbbVie, Abstract Ideas, Apotex, Appeals Tribunals, Australia

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Australian and New Zealand Patent Systems among the strongest in the world

A newly developed index rates Australia’s and New Zealand’s patent systems among the strongest in the world. Companies need to be strategic about where to protect their inventions. These decisions are generally based on…more

Australia, Intellectual Property Protection, Inventions, New Zealand, Patents

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Licences are out and automatic rights are in: a new way to allow exploitation following temporary patent ceasing is proposed

Automatic rights to exploit inventions are proposed to replace third party licences to exploit inventions. This proposal follows only months after an initial Patent Office decision on the licence provisions…more

Australia, Australian Patent Office, Intellectual Property Protection, Inventions, Patent Infringement

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South East Asia - Renewal Requirements

The patent terms in the jurisdictions listed are subject to payment of annual renewal fees, otherwise referred to as maintenance fees or annuities. The patent term in the jurisdictions listed below is 20 years from the…more

Grants, Indonesia, Intellectual Property Protection, Malaysia, Patents

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Swiss-style patent claims can be very valuable in Australia

The scope for enforcement of Swiss-style claims may be broader in Australia than for method of medical treatment claims. Second medical use inventions can be claimed in an ever increasing number of claim formats depending on the…more

Australia, Intellectual Property Protection, Inventions, Patent Infringement, Patent Litigation

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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

Australia, Evidence, Innovation Patent, Intellectual Property Litigation, Intellectual Property Protection

See all updates »

Australian designs law — what is really going to change and when?

The Australian Government recently responded to the series of recommendations for designs law reform made by the Advisory Council on Intellectual Property (ACIP) in its final report of March 2015. The ACIP Review of the…more

ACIP, Australia, Hague Agreement, Intellectual Property Protection, Patent Applications

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Patentable subject matter: Inventive test for assessing substance of an invention

In Australia, one requisite for patentability is patent-eligible subject matter. This area has been in a state of flux lately, with one area of focus being computer implemented methods and business innovations…more

Abstract Ideas, Australia, Australian Patent Office, Computer-Related Inventions, Covered Business Method Patents

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Swiss-style patent claims can be very valuable in Australia

The scope for enforcement of Swiss-style claims may be broader in Australia than for method of medical treatment claims. Second medical use inventions can be claimed in an ever increasing number of claim formats depending on the…more

Australia, Intellectual Property Protection, Inventions, Patent Infringement, Patent Litigation

See all updates »

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

ACIP, Innovation Patent, Inventions, Patents, SMEs

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The right policy prescription for pharmaceutical patents? The Australian Productivity Commission proposes a new formula

As mentioned in our earlier article Australia’s Productivity Commission has released a draft report (Report) regarding intellectual property (IP) in Australia. The Report covers various IP rights and provides the Commission’s…more

Australia, Data Protection, Exports, Generic Drugs, Hatch-Waxman

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7 Popular Patent Law Writers to Follow Right Now

A shortlist of JD Supra writers covering the many complex issues of Patent Law and featured here for a number of reasons, including that they recently authored popular work in this realm…more

Corporate Counsel, Legal Perspectives, Patents, Popular, Young Lawyers

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IP Australia releases Exposure Draft of the Intellectual Property Laws Amendment Bill 2017

IP Australia has released an Exposure Draft of the Intellectual Property Laws Amendment Bill 2017. The proposed changes aim to align and simplify the administrative processes and rules relating to patents, trade marks, designs…more

Australia, Comment Period, Design Patent, Designs Act, Intellectual Property Protection

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Australian and New Zealand Patent Systems among the strongest in the world

A newly developed index rates Australia’s and New Zealand’s patent systems among the strongest in the world. Companies need to be strategic about where to protect their inventions. These decisions are generally based on…more

Australia, Intellectual Property Protection, Inventions, New Zealand, Patents

See all updates »

When inventive steps become routine...greater hurdles for applicants with claims directed to antibodies

The development of monoclonal antibodies has revolutionised medical science, and the use of these molecules in the development of future therapies, diagnostics and research appears assured. However, the scope of patent…more

Patent Infringement, Patent Litigation, Patents

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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

Australia, Damages, Fashion Design, Fashion Industry, Intellectual Property Litigation

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Seeking a patent term extension may cut it short

A hidden catch to Australia’s generous regime for extension of term of pharmaceutical patents is that requesting an extension of term can act as a trigger for re-examination. The Australian Patent Office has discretionary…more

Australia, Australian Patent Office, Patent Term Extensions, Patents, Pharmaceutical Industry

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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

Australia, Damages, Fashion Design, Fashion Industry, Intellectual Property Litigation

See all updates »

South East Asia - Renewal Requirements

The patent terms in the jurisdictions listed are subject to payment of annual renewal fees, otherwise referred to as maintenance fees or annuities. The patent term in the jurisdictions listed below is 20 years from the…more

Grants, Indonesia, Intellectual Property Protection, Malaysia, Patents

See all updates »

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 against,…more

Australia, New Zealand, Patent Applications, Patent Examinations, Patents

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Sounds like a design opposition

There is no opposition procedure in the Australian design registration system, but the decision published in Alfred Kärcher GmbH v Jinping Zhu [2016] ADO 3 was the culmination of a process that sounded surprisingly like one…more

Australia, Design Patent, Designs Act, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding

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IP Australia releases Exposure Draft of the Intellectual Property Laws Amendment Bill 2017

IP Australia has released an Exposure Draft of the Intellectual Property Laws Amendment Bill 2017. The proposed changes aim to align and simplify the administrative processes and rules relating to patents, trade marks, designs…more

Australia, Comment Period, Design Patent, Designs Act, Intellectual Property Protection

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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

Australia, Gambling, Games, Gaming, Inventions

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Can Swiss-style claims go off-piste in Australia?

Swiss-style claims are a very particular form of claim developed to circumvent the exclusion of methods of medical treatment from patentability in Europe. They are second medical use claims in that the compound used in the…more

Australia, Intellectual Property Protection, Patents, Pharmaceutical Industry, Swiss Style Claims

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South East Asia - Renewal Requirements

The patent terms in the jurisdictions listed are subject to payment of annual renewal fees, otherwise referred to as maintenance fees or annuities. The patent term in the jurisdictions listed below is 20 years from the…more

Grants, Indonesia, Intellectual Property Protection, Malaysia, Patents

See all updates »

"He Ain't Heavy, He's My Brother" - Patents directed to deuterium modified drugs

In this the fourth instalment of our series of articles looking at the hot topic of the patenting of radiopharmaceuticals, we are taking a small side-step away from the radioactive isotopes to look at the area of deuterated…more

Australia, Patent Applications, Patent-Eligible Subject Matter, Patents, Pharmaceutical Industry

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Re-examination now an option for challenging New Zealand patents and applications

New Zealand has new patent legislation (Patents Act 2013; the ‘new law’) which came into effect on 13 September 2014. The previous legislation (Patents Act 1953; the ‘old law’) did not allow for re-examination of accepted patent…more

Inter Partes Reexamination, New Zealand, Patent Litigation, Patents

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