To subscribe to Shelston IP updates, please complete the form provided.
To compensate patent owners for the time it takes to obtain regulatory and marketing approval for new drugs, the Australian Patents Act provides for patent term extensions of up to five years. However, in order to have an extension of term granted, a number of requirements need to be satisfied. These requirements include: (a)
On 13 July 2016, the Commerce Select Committee recommended to the New Zealand Parliament that it should pull the pin on the mooted Single Application Process (“SAP”) and Single Examination Process (“SEP”) schemes. Such schemes, if established, stood to streamline application and examination processes for patent applicants in Australia and New Zealand. As Select
Australian Patent Office decision approves gaming machine user interface It has been a rough few years for software patents in Australia. Since 2010, the Patent Office appears to have been on a crusade to limit the extent of what can be patented in the computer-implemented space. Finally, after what seemed like an age of consistent
Important recent decision in Lodestar Anstalt v Campari America LLC  FCAFC 92 Brand names are important business assets that need to be carefully selected, built and managed. One effective way to build brands is through brand licensing. Licensing of brand assets can be used to build brands by extending use of the brand
In a recent Federal Court decision, Hunter Pacific International v Martec Pty Ltd  FCA 796, the Hon. Nicholas J found that importation and sale of Martec’s Razor ceiling fan (Razor) infringed Australian Registered design No. 340171 (AU 340171). For comparison, corresponding images of AU 340171 and the Razor are shown below. Given that
Australia is an active IP jurisdiction, and patents are secured for a broad range of technologies and by patent applicants from a broad range of industry sectors. Interestingly, and due to the relatively small local manufacturing presence in Australia, about 90% of the patent applications filed in Australia are in the name of foreign entities.