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If it was ever in doubt as to whether an application for an extension of a pharmaceutical patent term could be late filed after the due date, this recent decision would seem to have removed it, clarifying that late filing is…more
Appeals, Australian Patent Office, Patents, Pharmaceutical
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“There is no practice ... that I’m aware of, nor have I ever received advice from my attorneys anywhere in the world[,] that once a particular amendment is made to a patent in any particular jurisdiction ... there is some…more
Foreign Applications, Patent Amendments, Patent Portfolios, Patents, Pharmaceutical
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The Australian Government has continued with the trend of reviewing Australian patent law by commissioning a review of laws relating to patents for medicines ie pharmaceutical patents. The Pharmaceutical Patents Review Panel…more
Exports, Generic Drugs, Infringement, Manufacturers, Patent Term Adjustment
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The Australian Government has continued with the trend of reviewing Australian patent law by commissioning a review of laws relating to patents for medicines ie pharmaceutical patents. The Pharmaceutical Patents Review Panel…more
Exports, Generic Drugs, Infringement, Manufacturers, Patent Term Adjustment
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The correct legal entitlement of an applicant to apply for, or be granted a patent, is a cornerstone of the patent system in all major jurisdictions. Incorrect entitlement can invalidate a granted patent. Some jurisdictions have…more
Notice of Entitement, Notice Requirements, Patents, Proposed Legislation, Right to Apply
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Although the Plant Breeder’s Right system provides protection of propagating or reproductive material of a new plant variety, this can often provide insufficient protection to the plant breeder. Fortunately, Australia and New…more
Plant Patents
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There are a few simple steps that a foreign agent can take to minimise patent costs in Australia, from filing through to grant.
Voluntarily request examination -
Examination of an Australian patent application must be…more
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The correct legal entitlement of an applicant to apply for, or be granted a patent, is a cornerstone of the patent system in all major jurisdictions. Incorrect entitlement can invalidate a granted patent. Some jurisdictions have…more
Notice of Entitement, Notice Requirements, Patents, Proposed Legislation, Right to Apply
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“There is no practice ... that I’m aware of, nor have I ever received advice from my attorneys anywhere in the world[,] that once a particular amendment is made to a patent in any particular jurisdiction ... there is some…more
Foreign Applications, Patent Amendments, Patent Portfolios, Patents, Pharmaceutical
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Embertec and Energy Efficient Technologies (EETECH) are competitors in the market for the sale and supply of standby power controllers (SPCs). On 14 August 2012 Embertec applied for an interlocutory injunction based on a number…more
Embertec, Energy Efficient Technologies, Injunctions, Innovation Patent, Patents
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The ASEAN Member States passed a significant milestone last week with the release of one of the more tangible outputs of the ASEAN Intellectual Property Rights Action Plan 2011-2015, in the form of the ASEAN IP Portal…more
ASEAN Funds, Portal
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The NZ government yesterday released further amendments to tighten the proposed legislation around software patentability. The amendments clarify that while the partial ban on software patents is still on the agenda, it has…more
New Legislation, Patent-Eligible Subject Matter, Patents, Proposed Amendments, Software
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We continue in our series of articles on patent opposition in New Zealand. In our previous article, NZ Patent Oppositions – Why do I need expert evidence?, we discussed the crucial role that evidence plays in patent oppositions…more
Evidence, Expert Witness, Patent Oppositions, Patents
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April 15, 2013 is an important date insofar as Australian patent prosecution is concerned. On this date ‘new law’ will come into force that will apply to patent applications for which examination has not been requested by this…more
Deadlines, Patent Prosecution, Patents, Request for Continued Examination
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The new Regulations to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 that came into force on 15 April 2013 aim to reduce delay in opposition proceedings…more
Patent Oppositions, Patents
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In April 2013 Australian patent law will change to more closely align patent attorney privilege with legal professional privilege.
While this is a welcome change, and will hopefully rectify certain flaws of the current…more
Attorney-Client Privilege, Confidential Documents, Patents
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Significant changes to Australian patent opposition proceedings arise under the new Regulations to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 that came into force on April 15, 2013…more
Australian Patent Office, Australian Patent System, Evidence, Filing Requirements, Notice of Intent
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A notice by an Australian patent applicant stating entitlement to grant of patent and to claim priority is to be filed no later than the due date for request for examination…more
Deadlines, Notice of Entitement, Patent Applications, Patent Examinations, Patents
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The NZ government yesterday released further amendments to tighten the proposed legislation around software patentability. The amendments clarify that while the partial ban on software patents is still on the agenda, it has…more
New Legislation, Patent-Eligible Subject Matter, Patents, Proposed Amendments, Software
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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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US and other foreign companies that do not have Australian commercial operations will be interested in this decision because it contains prima facie findings that some, perhaps, widely used commercial practices involving…more
Bayer, Common Design, Foreign Corporations, Infringement, Licenses
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Good US practice will put your clients’ Australian applications on a strong footing, but this article highlights five points of Australian patent practice that will help you sound like an Aussie…more
Innovation Patent, Patent Oppositions, Patent Prosecution Highway, Patents
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The use of means-plus-function language has been a settled matter in Australia – such language allows a feature of an invention to be claimed, broadly, as being all ways to achieve some function or result. An article on this…more
Inventions, Mean-Plus-Function, Patent Applications, Patents
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The South African economy is the largest in Africa, contributing approximately 18% to the African Gross Domestic Product in terms of PPP…more
Australian Patent System, Patents
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