FPA Patent Attorneys

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

Australia, Enablement Inquiries, Inventions, Patents, The Patent Act

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Quicker, easier and cheaper? New Rules for patent prosecution in India

Several notable amendments to India’s patent Rules came into effect on 16 May 2016, following the publication of draft Rules in November last year. The new Rules, which seek to fast track applications and introduce a number of…more

Corporate Counsel, India, Patent Applications, Patents, Pharmaceutical Industry

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Simply The Best (Method) For Australian Patents

A recent decision in relation to the best method requirement finds generic disclosures inadequate and demonstrates the difficulties that underlie identifying the best method of performing an invention. The requirement that…more

Australia, Disclosure, Inventions, Patent Litigation, 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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Does a recent Patent Office decision increase the evidence needed to support patent term extension?

Generally, patent term extensions are granted based on minimal supporting evidence. A recent Patent Office decision serves as a useful reminder that more comprehensive evidence may be required in some circumstances. The decision…more

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

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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

Australia, Enablement Inquiries, Inventions, Patents, The Patent Act

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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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High Court of Australia determines isolated BRCA1 gene not patentable in Australia

The High Court of Australia has unanimously overturned previous decisions from lower courts and has held that certain claims to Myriad's patent for isolated BRCA1 nucleic acid molecules are not patentable in Australia..…more

Australia, Biotechnology, BRCA, Cancer, Mayo v. Prometheus

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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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Designs law reform in Australia: Prior art base, Grace periods, Screen displays and other changes

May 2016 - The Australian Government has responded to a series of recommendations for reform of Industrial Designs Law by the Advisory Council in Intellectual Property (ACIP). ACIP made 23 recommendations in its final report,…more

ACIP, Australia, Grace Period, Misrepresentation, Patent Reform

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3 Rounds to Lucas Mill in Chinese Patent Case

In 2014 Lucas Mill discovered a knockoff of its patented portable sawmill being sold online and took immediate action for infringement of its Chinese patent against the Chinese manufacturer, Shandong Shuanghuan Machinery…more

Australia, China, Compensatory Damages, Intellectual Property Protection, Logging

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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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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

Australia, Computer-Related Inventions, Inventions, Patent-Eligible Subject Matter, Patents

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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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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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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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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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Shaken, but still unstirred - Report recommends amendments to the Australian innovation patent system

The final report on the review of the innovation patent system by the Advisory Council on Intellectual Property (ACIP) has been published . ACIP was unable to recommend retention or abolition of the innovation patent system…more

ACIP, Australia, Patents

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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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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

Australia, Genentech, Patents, Pharmaceutical Industry, Pharmaceutical Patents

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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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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

Australia, Genentech, Patents, Pharmaceutical Industry, Pharmaceutical Patents

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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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Contact

101 Collins Street
Melbourne, Victoria 3000, Australia

Contact: Andrea Teague, Marketing Coordinator

  • 61-3-9288-1479

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

25-50 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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