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Repair v Rebuild – when modifications to patented article will and will not enable a patentee to maintain control post-sale

Seiko Epson Corporation v Calidad Pty Ltd [2017] FCA 1403 Infringement Repair v rebuild Implied licence Mechanical Electrical   Burley J In this first instance Federal Court of Australia proceeding, Burley J considered the tension between the rights of the purchaser of a patented product, and the rights of the patentee to maintain control of

Is IP Australia intent on restricting patentable subject matter in Australia?

Between August and November 2017, IP Australia sought public comment on several Government-supported IP policies, including:   the introduction of an objects clause into the Patents Act; and amending the inventive step requirements for Australian patents. Now, IP Australia’s response to the public consultation process has been released and the news does not appear to

Shelston IP congratulates Xialene Chang, graduate of Girls Invent

Shelston IP is delighted to congratulate Xialene Chang on receiving full scholarship offerings for both Harvard and Stanford universities, following completion of her year 12 studies.   Xialene is one of the highly successful graduates of the Girls Invent program of which Shelston IP is a proud supporter. Dedicated to inspiring and motivating girls to

Innovation: A tale of two jurisdictions

In the past, New Zealand has trumped Australia in relation to a range of important policy issues including: votes for women; native title rights for indigenous people; environmental laws and renewable energy; and marriage equality. Now New Zealand appears to be leading Australia again, this time in relation to innovation policy.   As reported by

Making use of expedited examination for “cleantech”

In recent years, IP “buzzwords” have included superconductors, gene patents, business methods and computer software.  Society’s ever-increasing environmental awareness now dictates that “cleantech” is the latest vogue.  The Australian Patent Office offers the facility to request expedited examination of any patent application if the applicant provides good reason (this may be as vague as “commercialisation”). 

Understanding the differences between patentability (novelty) and freedom to operate prior art searching

During the course of the patenting process to protect a new invention, one may require a patentability search (also known as a novelty search) in order to determine whether the new invention is new (novel) and arguably inventive in view of the prior art. This situation can be contrasted with the commercial exploitation of a

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