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IP implications for New Zealand’s General Election on 23 September 2017

New Zealanders head to the polls on 23 September 2017.  IP is very seldom a kingmaker when it comes to choosing a Government and readers will be unsurprised to learn that it has registered barely a blip on the radar throughout the present campaign.  Notwithstanding, this article briefly considers whether there is likely to be

Always give your best (method)

Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd [2017] FCAFC 138 Summary Applicants should include the best method(s) of performing the invention known at the time of filing a patent application, withholding better or superior embodiments or features can result in invalidity of the granted patent. Novelty destroying prior use does

Unjustified threats of patent infringement weakened by courts

Australian courts have recently taken a dim view of competitors claiming that the patentee has made unjustified threats of patent infringement. It is now clear that, in relation to the assessment of damages, it is necessary for the defendant to show any threats made by the patentee were directly the cause of loss or damage to the defendant.   In Mizzi Family Holdings

The curious case of IP and the “TPPA-11”

The “TPPA-11” is what remains of the Trans-Pacific Partnership (“TPP”) Free Trade Agreement following the withdrawal of the United States.  Because the TPP was never ratified prior to US withdrawal, some have termed it the “zombie” TPP.  Despite the absence of the US, there remains a strong resolve amongst the TPPA-11 to realise economic benefits

Patent Term Extensions in Australia: under pressure but safe for now

Government responds to the Productivity Commission Report and the Courts find “Swiss-style” claims not sufficient for a PTE   The Australian Government, in its highly anticipated response to the Productivity Commission’s Report, recommended only a minor change to the legislation relating to patent term extensions (PTEs).  Almost simultaneously, in the equally eagerly-awaited decision of the

Australia’s best method requirement bares its teeth again!

Last year we reported on a Full Court of the Federal Court decision that confirmed the importance of disclosing, in a patent specification, the best method of performing an invention as required under the Australian Patents Act 1990.   In Kineta, Inc. [2017] APO 45 (31 August 2017), the Patent Office has followed the Full

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