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Out on a limb: Australian examination guidelines for patentability at odds with best global practice and Australian law

The Australian Patent Office has recently updated its guidelines for determining whether subject matter is patentable.  Unfortunately for patent applicant, the Office’s new policy has taken further steps towards limiting patentability of computer implemented inventions.  This is directly at odds with a recent resolution by the International Association for the Protection of Intellectual Property (AIPPI)

Proposed Changes to Divisional Trade Mark Applications in Australia

Changes to the Common Regulations approved in October 2016 by the Madrid Union, which are due to come into force on 1 February 2019 relate to the filing of divisional applications based on International Registrations.   At the present point in time, it is possible for parties filing domestic Australian trade mark applications to file

Missed an Australian patent deadline? Here’s what to do

In some jurisdictions, patent prosecution deadlines and deadlines for payment of maintenance fees (sometimes called renewal fees) are a “life and death” issue and missing a deadline can be fatal, resulting in the irretrievable loss of rights.  Australia, however, has a more lenient approach and the legislation very generously provides for extensions of time, affording

Government adopts Productivity Commission’s anti-patent principles

The Australian government has released its response to the Productivity Commission’s Inquiry into Intellectual Property. The initial report included a number of restrictive patent provisions which the government has agreed to accept.   Firstly, the government has adopted the recommendation to abolish the innovation patent system. The innovation patent was introduced with the intent, similar to the German utility model system, to provide a reduced form

Shelston IP hosts international guests for AIPPI World Intellectual Property Congress 2017 in Sydney

Shelston IP, one of Australia’s leading full-service IP firms, is delighted to welcome to Sydney guests for the 2017 International AIPPI Conference from 13 to 17 October.   http://aippi.org/event/2017-aippi-world-congress-sydney/ Shelston IP will participate in a number of AIPPI sessions and will host a series of social events and meetings in connection with the conference. The

Does Australia’s innovation patent really have to die?

Australia’s second-tier innovation patent system is presently on death row.  With all appeal avenues seemingly now exhausted, we ask the question – albeit somewhat academically, as to whether it indeed has to die – or whether it could be rehabilitated. Introduction Last month, the Government released its response to the Productivity Commission’s inquiry into intellectual

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