Freehills Patent Attorneys

Nichia Corporation v Arrow Electronics [2015] FCA 699

The key issue - The key issue considered in this judgment was the criteria under which a single claim could be considered to define multiple forms of an invention, with each form of the invention attributed its own priority…more

AstraZeneca, Inventions, Patent Applications, Patent Infringement, Patent Litigation

See All Updates »

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

See All Updates »

Swiss-form claims: not the same as methods of medical treatment?

Why have a Swiss-form claim in an Australian patent when methods of medical treatment are patentable? In a recent first instance decision of the Federal Court of Australia, Swiss-form claims have been held to be method claims,…more

Covered Business Method Patents, Monopolization, Otsuka Pharmaceutical, Patent Infringement, Patent Litigation

See All Updates »

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

See All Updates »

Swiss-form claims: not the same as methods of medical treatment?

Why have a Swiss-form claim in an Australian patent when methods of medical treatment are patentable? In a recent first instance decision of the Federal Court of Australia, Swiss-form claims have been held to be method claims,…more

Covered Business Method Patents, Monopolization, Otsuka Pharmaceutical, Patent Infringement, Patent Litigation

See All Updates »

Nichia Corporation v Arrow Electronics [2015] FCA 699

The key issue - The key issue considered in this judgment was the criteria under which a single claim could be considered to define multiple forms of an invention, with each form of the invention attributed its own priority…more

AstraZeneca, Inventions, Patent Applications, Patent Infringement, Patent Litigation

See All Updates »

Bowman v Monsanto in an Australian context

Most will be aware by now of the recent US Supreme Court decision, Bowman v Monsanto Co.,569 US (2013). One question that remains is what would have been the outcome if like facts had arisen in Australia and were considered…more

Bowman v Monsanto, Genetically Engineered Seed, Monsanto, Patent Exhaustion, Patent Infringement

See All Updates »

Final report on the review of Australia’s designs system

In 2012 Australia’s Advisory Council on Intellectual Property (ACIP) was tasked with reviewing the Australian designs system. ACIP has now released its final report..…more

ACIP, Australia, Design Patent, Designs Act, Hague Agreement

See All Updates »

Full Federal Court confirms isolated nucleic acids are patentable in Australia

• The Full Federal Court has unanimously confirmed that isolated nucleic acids, either DNA or RNA, are patentable in Australia. • The decision is in contrast to the recent decision of the US Supreme Court, which held a…more

Australia, Biotechnology, DNA, Myriad-Mayo, Patent-Eligible Subject Matter

See All Updates »

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

See All Updates »

The High Court takes remedial action in the escitalopram battle

In the long-running escitalopram patent battle, which has been fought all over the world, Australia’s highest court has affirmed the general remedial power of Australia’s extension of time provisions as they apply to extensions…more

Australia, Patent Infringement, Patent Litigation, Patents, Pharmaceutical Patents

See All Updates »

European alliance of plant breeders fails to halt the march of the Nagoya Protocol

The CJEU has rejected two challenges to the EU Regulation implementing the Nagoya Protocol. This piece of international law has changed significantly the way that biological natural resources are accessed, researched and…more

Australia, CJEU, Compliance, Country of Origin, Genetic Materials

See All Updates »

Australia: Claim preambles, object statements and patentable subject matter

In Australia, the inquiry whether a combination of integers is patentable subject matter may be deeply influenced by the way the claim preamble and objects of the invention are drafted. Failure to appreciate this can result in…more

Australia, Claim Construction, Patent-Eligible Subject Matter, Patents

See All Updates »

Australian manufacturer enforces Chinese patent against Chinese infringer in China

Lucas Mill, an Australian manufacturer based in Beechworth Victoria, has won a patent case in China against a Chinese manufacturer. Lucas’ flagship product - The product being copied was a portable sawmill, Lucas’…more

China, Patent Infringement, Patent Litigation, Patents

See All Updates »

A new breed of plant patents in Europe

In Europe, there are two types of IP protection available for plant-related inventions: Plant Variety Rights (PVRs) and Patents. In order to avoid any overlap in protection between these two IP regimes, the EPC…more

Australia, EU, Patents, Plant Patents

See All Updates »

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

See All Updates »

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

See All Updates »

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 Manufacturers

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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 Manufacturers

See All Updates »

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

See All Updates »

Government dollars for getting IP to market

As already reported in an October article, the third and final leg of the Government’s Entrepreneurs’ Infrastructure Programme (EIP) – Accelerating Commercialisation – is gearing up to make available funding to bridge the…more

Australia, Entrepreneurs, Federal Funding, R&D, Startups

See All Updates »

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

See All Updates »

Contact

101 Collins Street
Melbourne, Victoria 3000, Australia

Contact: Tom Gumley, Business Services 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.

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×