News & Analysis as of

Australian Patent Office

2016 – a year at a glance

by FPA Patent Attorneys on

What is a human? When is your best method not good enough? When is an inventor not an inventor? What happens when your patent application fails to deliver on its promise? These are just a few of the questions that the...more

Licences are out and automatic rights are in: a new way to allow exploitation following temporary patent ceasing is proposed

by FPA Patent Attorneys on

Automatic rights to exploit inventions are proposed to replace third party licences to exploit inventions. This proposal follows only months after an initial Patent Office decision on the licence provisions....more

To concede or not concede (infringement): that is the question! An instance of a third party licence being requested during...

by FPA Patent Attorneys on

Under Australian law, if a patent application ceases and the patent is subsequently reinstated by the owner by use of our extension of time provisions, a third party may obtain a licence to the patent on the basis of steps...more

Federal court aids in construction of provisions for third party statutory licences following temporary ceasing of a patent but...

by FPA Patent Attorneys on

The ground-breaking series of decisions, relating to AU 623144 (AU ‘144), which protected the antidepressant escitalopram, has generated another first when the patentee of AU ‘144 sought judicial review of a recent Patent...more

News from Abroad: Not One But Two Decisions Fine Tune the Australian Patent Office's Approach to Life Science Technologies

Two recent Australian Patent Office decisions have provided clarity as to the patentability of isolated nucleic acid sequences following the High Court's decision in D'Arcy v Myriad Genetics ('Myriad'). The first decision is...more

Intellectual Property and Technology News (Asia Pacific) August 2016

by DLA Piper on

Intellectual Property and Technology News (Asia Pacific) is our biannual publication designed to report on worldwide developments in intellectual property and technology law, offering perspectives, analysis and visionary...more

Patentable subject matter: Inventive test for assessing substance of an invention

by FPA Patent Attorneys on

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

Australian Patent Office Provides Patent Eligibility Guidance

by Foley & Lardner LLP on

The Australian Patent Office (IP Australia) has issued final patent eligibility guidance under the Australian High Court’s decision in D’Arcy v. Myriad Genetics, Inc. Where the USPTO extrapolated from the U.S. Supreme Court...more

Australian Patent Office guidelines finalised post-Myriad

by FPA Patent Attorneys on

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

Australian Patent Office Proposes “Coding Only” Sequence Ban

Coming soon after the High Court’s “Myriad decision” in Australia, the Australian Patent Office has proposed guidelines that would effectively limit the ban on patent-eligibility of DNA sequences to nucleic acids that code...more

Expanding the PPH in Australia

by FPA Patent Attorneys on

A Memorandum of Understanding (MoU) has paved the way for the European Patent Office (EPO) to partner with the Australian Patent Office in a Patent Prosecution Highway (PPH) pilot program. The PPH program has been in use...more

Computer-Implemented Business Methods: Patentable?

by DLA Piper on

In this Presentation: - Patentability of Computer-implemented Business Methods – A Recap - Research Affiliates v Commissioner of Patents - RPL Central v Commissioner of Patents - The Global Context:...more

Seeking a patent term extension may cut it short

by FPA Patent Attorneys on

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...more

The Global Cleantech Innovation Index 2014 - policy uncertainty sees Australia slipping

by FPA Patent Attorneys on

The recently released Global Cleantech Innovation Index 2014 suggests that despite its strength in innovation, Australia is at risk of being left behind as much of the rest of the world forges ahead with investment in...more

Prior claiming in Australia…has news of its demise been greatly exaggerated? Is prior claiming still applicable to the remaining...

by FPA Patent Attorneys on

Prior claiming was a ground of invalidity under the Patents Act 1952 (1952 Act). It prevented grant of a patent claiming subject matter already claimed by another patent. Prior claiming was superseded by the broader concept...more

Alice v CLS Bank: An Australian Perspective

by FPA Patent Attorneys on

Over the decades, the use of patents to protect “software” or “computer implemented” inventions has been the subject of much debate: both on the philosophical question of whether such inventions should be patentable, and on...more

Markush claims under Australian patent practice

by FPA Patent Attorneys on

Markush claims are a common form of claim in the field of chemistry. Markush claims essentially claim a core molecular structure and cover a wide range of substituent groups that can be substituted on to that molecular...more

New Paradigm In Australian Patent Oppositions

by FPA Patent Attorneys on

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 Joins the Global Patent Prosecution Highway

by K&L Gates LLP on

The Australian Patent Office is one of 13 patent offices from around the globe that have joined forces to create a Global Patent Prosecution Highway (GPPH) pilot program, which commenced on 6 January 2014. ...more

Objects Clause And Exclusion From Patentability – Are Biotech Related Patents Under Attack In Australia?

by FPA Patent Attorneys on

The Australian Patent Office has released a consultation paper which seeks public comment on the proposed amendments to the Australian Patents Act 1990 (‘the Act’) to introduce an object clause and a patentability exclusion...more

Oxycodone Alleviates Pain - And Weakens The Spirit

by FPA Patent Attorneys on

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...more

It's Finally Here: Australia's New Patent Regime

by FPA Patent Attorneys on

Patrick Sands and Thor North explain the most important changes for patent filers brought about by Australia's Raising the Bar amendment - The Intellectual Property Laws Amendment (Raising the Bar) Act 2012...more

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

by FPA Patent Attorneys on

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

New Risks For Patent Applicants Requesting Claim Amendment

by FPA Patent Attorneys on

In a first consideration of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (the Raising the Bar Act) the Australian Patent Office has held that it must refuse to process an amendment where there is a...more

US Supreme Court Decision On Myriad’s Gene Patent – Implications For Australian Patent Applicants

by FPA Patent Attorneys on

By now you will be aware of the recent US Supreme Court decision concerning Myriad's gene patent. ...more

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