Freehills Patent Attorneys

101 Collins Street  Melbourne, Victoria 3000, Australia

Contact: Tom Gumley

  • 61-3-9288-1479

Singapore: New Positive Assessment Examination Procedure

On 10 July 2012 Singapore passed the Patent (Amendment) Bill and the Intellectual Property (Miscellaneous Amendments) Bill. One of the biggest changes is that Singapore has moved away from a self-assessment system to a…more

Patent Prosecution, Patents

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Oxycodone Alleviates Pain - And Weakens The Spirit

Spirit Pharmaceuticals Pty Ltd v Mundipharma Pty Ltd [2013] FCA 658 - This recent decision by the Federal Court confirms that patents claiming new pharmaceutical formulations of known active agents may be eligible for an…more

Australia, Australian Patent Office, OxyContin, Patents, Pharmaceutical

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More Than Just A Passing Interest: Ensuring Your Rights Are Secured Under The PPSA

If you are a holder of a security interest in personal property (including patents) you will need to record the interest on the Personal Properties Security Register (PPSR) before 31 January 2014, otherwise you may lose the…more

Australia, PPSA

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When Other People’s Patents Get In Your Way...

Have you ever said to yourself, “my product isn’t new so I don’t need to worry about patents” or “the success of my business depends on product quality and developing customer loyalty. Patents don’t generate profits so I don’t…more

Infringement, Patent Applications, Patentability Search, Patents

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Warning: Unsolicited Requests For Payment Of Fees

Owners of patent or design applications or registrations should be aware that there are bogus operators in existence who take the published details of such applications to send out invoices for unnecessary publications or…more

Design Patent, Fees, Fraud, Patent Applications, Patents

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Update - Protecting Plant Varieties In Australia And New Zealand

Recently we provided a summary of key elements of protecting plant varieties in Australia and New Zealand. In this summary we highlighted that plant breeders could seek dual protection under both Patents and Plant Breeder’s…more

Australia, New Zealand, Patent-Eligible Subject Matter, Patents

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Patent Office Adopts Hard Line On Requests For Extensions Of Time In Patent Oppositions

In refusing to grant an extension of time in the Tred v McCarthy decision, the Patent Office has indicated that they will interpret the new provisions relating to requests for an extension of time during an opposition very…more

Patent Litigation, Patents, Time Extensions, USPTO

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Update - Protecting Plant Varieties In Australia And New Zealand

Recently we provided a summary of key elements of protecting plant varieties in Australia and New Zealand. In this summary we highlighted that plant breeders could seek dual protection under both Patents and Plant Breeder’s…more

Australia, New Zealand, Patent-Eligible Subject Matter, Patents

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You Can Wave Your Patent Around, Just Don’t Hold A Stick In Your Other Hand

Mizzi Family Holdings Pty Ltd v Morellini [2013] FCA 1435 - This federal court judgement provides a timely reminder to patent owners to be cautious of their actions, which may be deemed as a threat of infringement…more

Patent Infringement, Patent Litigation, Patent Notice, Patents

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Salient Lessons For Australian Applicants Of US Diagnostic Patent Applications

In the latest decision concerning diagnostic method claims a US Court1 has provided some guidance to the diagnostics industry on the interpretation of the recent Supreme Court decisions in Mayo v Prometheus2 (Mayo) and AMP v…more

AMP v Myriad, Australia, Diagnostic Method, Diagnostic Tests, Mayo v. Prometheus

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How and Why Your Team Is Everything (And Other Essentials for Startup Success...)

The multi-faceted answer to our question: over the years working with entrepreneurs and inventors, what have you seen as an essential attribute to startup success?…more

Legal Perspectives, Startups

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More Than Just A Passing Interest: Ensuring Your Rights Are Secured Under The PPSA

If you are a holder of a security interest in personal property (including patents) you will need to record the interest on the Personal Properties Security Register (PPSR) before 31 January 2014, otherwise you may lose the…more

Australia, PPSA

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Are TIME Magazine’s “25 Best Inventions Of The Year 2013” Patented And Does It Really Matter

Conventional wisdom tells us that great inventions and patent protection go hand in hand because that is one way that companies and inventors can recover and benefit from their investment in R&D, either by monetising their…more

Inventors, Manufacturers, Patent Applications, Patent-Eligible Subject Matter, Patents

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Patent Grace Periods In South East Asia

As South East Asia becomes an increasingly popular patent filing destination, we explore the region’s grace period provisions and their limitations…more

Grace Period, Patents

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New Paradigm In Australian Patent Oppositions

For many years the pre-grant patent opposition process has been a useful, but somewhat problematic mechanism for a person to challenge the validity of a patent application. As a specialist tribunal, the Patent Office could…more

Australia, Australian Patent Office, Inventive Concept Test, Lack of Novelty, Novartis

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New Zealand Patent Oppositions – Can I File Late Evidence?

I continue my series of articles on the topic of New Zealand Patent Oppositions. My earlier article NZ Patent Oppositions - What are the steps? describes the process for both the opponent and the applicant to submit their…more

Patent Litigation, Patents

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Kit Or Caboodle? Recent Australian Opposition Decision Highlights The Inconsistency In Construction Of Kit Claims Between Australia And New Zealand

The recent Australian opposition decision of Merial Limited v Zoetis LLC [2013] APO 59 highlights the differences between the Australian and New Zealand patent offices in the construction of “kit” claims in relation to the same…more

Australia, Claim Construction, Farm Animals, New Zealand, Patent-Eligible Subject Matter

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Did You Miss Them? - Four Important Patent Cases In 2013

This article outlines the main findings in Apotex v Sanofi-Aventis, Cancer Voices Australia v Myriad Genetics, Research Affiliates and RPL Central each of which have important implications for patent law in Australia. …more

Australia, Myriad, Patent Litigation, Patents

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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

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

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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

Evidence, Patent Litigation, Patents

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Is Data Exclusivity “At Risk” In Australia As Compared To The US And Europe?

Data exclusivity is a term that refers to the period in which data supplied by the first applicant to register a pharmaceutical product cannot be used by a subsequent applicant to register an equivalent product. As this data…more

Australia, Patent Applications, Patents

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What Not To Say To The Australian Patent Office

If an applicant for a patent has misled the Commissioner in a material respect in the course of procedures which led to the grant of the patent, he should not have the benefit of his misleading conduct. It is clear that a…more

Australia, Patents

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Distilling An Agreement

Sometimes, despite the best intentions, a business venture will fail. In such circumstances, agreements relating to the ownership of business property will be duly scrutinised, and perhaps, challenged in court…more

Partnerships, Patent Ownership

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Patent Grace Periods In South East Asia

As South East Asia becomes an increasingly popular patent filing destination, we explore the region’s grace period provisions and their limitations…more

Grace Period, Patents

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IP Australia to introduce e-Filing of patent and design applications

Electronic filing applies to:- •standard, divisional, innovation and provisional patent applications and applications for design registration filed after 1 December 2012, •patent applications claiming priority…more

Electronic Filing, Patents

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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

Evidence, Patent Litigation, Patents

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Distilling An Agreement

Sometimes, despite the best intentions, a business venture will fail. In such circumstances, agreements relating to the ownership of business property will be duly scrutinised, and perhaps, challenged in court…more

Partnerships, Patent Ownership

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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

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“Boxed Into A Corner”?: Australian Government Confirms That It Is Considering “Patent Box” Tax Rules To Assist Manufacturers

Australia’s Assistant Treasurer has confirmed that the Government will consider the so-called “patent box” tax rules to assist Australian manufacturers of patented goods. Such rules are directed to lowering tax rates on profits…more

Australia, Patents, Tax Reform

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South East Asia - Renewal Requirements

The patent terms in the jurisdictions listed below 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…more

Patent Applications, Patent Terms, Patents, Renewal Fees

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Did You Miss Them? - Four Important Patent Cases In 2013

This article outlines the main findings in Apotex v Sanofi-Aventis, Cancer Voices Australia v Myriad Genetics, Research Affiliates and RPL Central each of which have important implications for patent law in Australia. …more

Australia, Myriad, Patent Litigation, Patents

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Can An Error In Naming An Applicant For A Design Registration Be Fatal? Foster’s Australia Limited V Cash’s (Australia) Pty Ltd

In what circumstances should an error in naming an applicant for a design registration be fatal? In this case note, we look at Foster’s Australia Limited v Cash’s (Australia) Pty Ltd, where the court declined to grant orders…more

Australia, Australian Patent Office, Constructive Trusts, Design Patent, Patent Applications

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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 to…more

Divisional Applications, EPO, EU, Patents

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

25-50 Attorneys

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