Freehills Patent Attorneys

Draft Report on Australia’s Intellectual Property Arrangements

Australia’s Productivity Commission has released a draft report regarding intellectual property (IP) in Australia. The draft report covers various IP rights and provides the Commission’s draft findings and recommendations in…more
| Intellectual Property

Product Management Group Pty Ltd v Blue Gentian LLC (2015) FCAFC 179

This case demonstrates the difficulties of invalidating a claim due to lack of clarity. This has two main implications. Firstly, in approaching the task of claim construction for claims with substantial clarity issues, one…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

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

Does this bug you? When your food crawls...

In many countries, the consumption of insects is widely accepted. However in the Western world, edible insects are not a popular feature on many people’s menus or shopping lists – yet. Cricket-chip cookies, Bee-LT…more
| Agriculture, Commercial Law & Contracts, Intellectual Property

Protecting GUI Designs in Australia: More Questions than Answers

Many countries allow graphical user interface (GUI) features to be protected by registered designs. The current position in Australia is not clear. The position of the Australian Designs Office, which is responsible…more
| Intellectual Property, Science, Computers, & Technology

A hot couple in the patenting of radiopharmaceuticals – the theranostic pair Technetium-99m and Rhenium-188

This is the first in a series of articles looking at the hot topic of the patenting of radiopharmaceuticals. In the theranostic pair of technetium and radium, a compound comprising radioactive technetium is used to image a…more
| Intellectual Property, Science, Computers, & Technology

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
| Intellectual Property, Science, Computers, & Technology

Evidence wins the day

In Australia, a patent opposition is an opportunity for a third party to oppose the grant of a prospective patent at the patent office. A patent opposition is akin to Inter Partes Review or Post Grant Review in the US or…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Look before you leap: seeking to enforce your pharmaceutical patent may lead to unintended consequences

It may not be just generic manufacturers seeking compensation when their product launch is found to be delayed by an originator wielding what is ultimately found to be an invalid patent. An Australian court recently…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Commonwealth a step closer to compensation for delayed PBS price drops

The Full Federal Court has held that the Therapeutic Goods Act 1989 (Cth) (TG Act) does not limit the Commonwealth’s ability to seek compensation for losses arising from the operation of an interlocutory injunction restraining…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

New Appeal decision on computer implemented inventions in Australia

On 11 December 2015 Australia’s Federal Court handed down its decision in the RPL Central appeal – a case dealing with the patentability of computer implemented inventions in Australia. The Court overturned the first…more
| Intellectual Property, Science, Computers, & Technology

Australian Patent Office guidelines finalised post-Myriad

The Australian Patent Office has now finalised what will be their approach to examining nucleic acids and other biological inventions following the decision handed down by the High Court in D'Arcy v Myriad Genetics Inc [2015]…more
| Intellectual Property, Science, Computers, & Technology

National Innovation & Science Agenda

The Federal Government yesterday released its much anticipated National Innovation and Science Agenda which proposes a series of tax amendments. Early Stage Venture Capital Limited Partnerships (ESVCLPs) and Venture Capital…more
| Finance & Banking, Science, Computers, & Technology, Taxation

How high has the bar been raised? The Australian Patent Office issues its first opposition decision on a post ‘Raising the Bar’ patent application

In brief: - In the first opposition decision of the Australian Patent Office to apply the post-‘Raising the Bar’ disclosure and support requirements, the hearing officer applied principles derived from UK and European case…more
| Intellectual Property

Government's Innovation Statement puts renewables back on the Agenda

Release of the Federal Government’s much-anticipated National Innovation and Science Agenda (the Agenda) on 7 December is expected to boost investor confidence in the cleantech and renewables sector. The $1.1 billion investment…more
| Energy & Utilities, Intellectual Property, Science, Computers, & Technology
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101 Collins Street
Melbourne, Victoria 3000, Australia

Contact: Tom Gumley, Business Services Coordinator

  • 61-3-9288-1479

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

25-50 Attorneys

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