FPA Patent Attorneys

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

Framework for Swiss-form claim construction in Australia: Is it really about objective intent?

This article looks at the current status of construction of Swiss-style claims in Australia, provides a framework by which construction of Swiss-style claims can be assessed, and concludes that although the position is not yet…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Singapore – Avoid undue delays when requesting post-grant amendments

The legal system of Singapore is based on the English common law system, and therefore it has both a shared heritage and enduring commonality with other English common law jurisdictions. There is not a large body of patent…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

A loophole allowing patent term extensions in Australia for certain Swiss-style claims has been closed

The Australian Administrative Appeals Tribunal opened the door for patent term extensions based on a Swiss-form claim which enlarged the scope of applications of patent term extensions considerably. Recently, the Full Federal…more
 /  Intellectual Property, Science, Computers, & Technology

Patentability of diagnostic methods and biomarkers in Australia and New Zealand

Australia and New Zealand remain fertile grounds for pursuing inventions related to diagnostics, as outlined below. As the patentability of diagnostics in jurisdictions like the US has become increasingly complex, we provide…more
 /  Intellectual Property, Science, Computers, & Technology

Potential for more cost-effective options for challenging Singapore patents and applications

The Intellectual Property Office of Singapore (IPOS) is proposing changes in an attempt to create a more robust patent system. At the heart of these changes is a goal to provide third parties with cost-effective options to…more
 /  Intellectual Property

Patent claim construction in Australia: Federal Court confirms the need for careful consideration of the use of “comprising” and “contains” in patent claims

In contested patent proceedings in Australia the interpretation of claim features that are introduced using the words “comprise” or “contain” is frequently in issue. An August 2017 decision of the Federal Court is an example in…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Global Patent Prosecution Highway (GPPH) now available in New Zealand

Patent law in New Zealand in recent years has undertaken quite a facelift. For example, under the new law, stricter support requirements are in place, obviousness is now a ground for examination, re-examination is available for…more
 /  Intellectual Property

The Australian Innovation Patent: The threshold for patentability may be higher than you think

A June 2017 decision of the Australian Patent Office highlights when claims in an innovation patent may be found novel, but lacking in innovative step. The decision highlights that the inquiry into innovative step is…more
 /  Intellectual Property, Science, Computers, & Technology

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
 /  Intellectual Property

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
 /  Intellectual Property, Science, Computers, & Technology

Pharmaceuticals in South East Asia

1. Are methods of medical treatment patentable? 2. Is extension of patent term possible? 3. Is there a data exclusivity period?…more
 /  Intellectual Property, Science, Computers, & Technology

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
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

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
 /  Intellectual Property, Science, Computers, & Technology

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
 /  Intellectual Property

"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
 /  Intellectual Property, Science, Computers, & Technology
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