FPA Patent Attorneys

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
| Intellectual Property

PCT national phase – filing requirements

Please see chart below for more information…more
| Intellectual Property, International Law & Trade

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
| Intellectual Property

To concede or not concede (infringement): that is the question! An instance of a third party licence being requested during temporary ceasing of a patent

Under Australian law, if a patent application ceases and the patent is subsequently reinstated by the owner by use of our extension of time provisions, a third party may obtain a licence to the patent on the basis of steps they…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Federal court aids in construction of provisions for third party statutory licences following temporary ceasing of a patent but declines to comment on Patent Office decision procedure

The ground-breaking series of decisions, relating to AU 623144 (AU ‘144), which protected the antidepressant escitalopram, has generated another first when the patentee of AU ‘144 sought judicial review of a recent Patent Office…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

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
| Administrative Law, Intellectual Property

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
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property

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 that…more
| Intellectual Property

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
| Intellectual Property

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 “enablement”…more
| Intellectual Property, Science, Computers, & Technology

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
| Intellectual Property, International Law & Trade

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
| Art, Entertainment, & Sports Law, Intellectual Property

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
| Intellectual Property

Australian designs law - where is reform headed?

It was back in 2012 that Australia’s Advisory Council on Intellectual Property (ACIP) was first tasked with conducting the Review of the Designs System. In 2013 ACIP published an issues paper and in 2014 an options paper…more
| Intellectual Property, International Law & Trade

The new “Pet” on the block: radio imaging with Zirconium-89

This is the third in a series of articles looking at the hot topic of the patenting of radiopharmaceuticals. In this article we are focusing on zirconium-89 (89Zr) labelled molecules, such as antibodies, and their use in…more
| Intellectual Property, Science, Computers, & Technology
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Contact

Level 42
101 Collins St
Melbourne, Victoria 3000, Australia

Contact: Andrea Teague, Marketing Coordinator

  • +61 3 9288 1577

Areas of Practice
  • Intellectual Property
Locations
Other Countries
  • Australia
Number of Attorneys

25-50 Attorneys

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