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Australia’s innovation patent at death’s door: Is the Government trying to cover up innovation policy reform?

Like a prisoner on death row, Australia’s innovation patent has been transferred to “the condemned-man’s cell” with the introduction of the IP Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 into Parliament on July 25.   As well as including provisions to abolish the innovation patent system, the Bill, if passed, will

The distinction between repair and re-making: The Full Court clarifies the law on refurbishing a patented product

This important decision by the Full Court of the Federal Court in Calidad Pty Ltd v Seiko Epson Corporation [2019] FCAFC 115 clarifies the position on an area of law that, surprisingly, is still developing in Australia, namely the scope of the implied licence issuing from the sale of a patented product.   Re-manufacturers that

Australian Design Search

IP Australia have just released the new Australian Design Search into the wild, replacing the (now) old Australian Designs Data Searching system, or ADDS.   It’s a vast improvement over the old system, although if you’re familiar with IP Australia’s efforts over the last few years you’ll see a lot in common with the Australian

Australia reigns supreme over the US in patenting diagnostic methods

In July 1969, as a young boy, I watched in awe, along with the rest of world, as the United States of America put two men on the moon. Years later in 2011, the then Prime Minister of Australia, Julia Gillard, stood before US Congress and recalled the same moon-landing memory and with acquiescence wept

Divisional patent practice in New Zealand – protecting an endangered species

Across most jurisdictions, the facility to file a divisional application is an essential part of a patent attorney’s toolkit.  It is also an avenue of potential strategic advantage to patent applicants.  As Trans-Tasman patent attorneys, we’re presently seeing the two jurisdictions we service move further and further apart in respect of divisional practice.  Australia remains

Genes, genetic applications and patent eligibility: Australia continues to be a gene-patent friendly jurisdiction

Non-invasive prenatal genetic testing based on maternal blood sampling is replacing older invasive forms of testing – a paradigm shift in prenatal medicine. The patent rights associated with these methods have been litigated in several jurisdictions, most notably to date the US, UK and Australia. This decision of Justice Beach in Sequenom, Inc. v Ariosa

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