News & Insights

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The Personal Property Securities Register: Get ready now!

The Australian Personal Property Securities Register (PPS Register) now commences in October 2011, previously 1 May 2011. It replaces most existing personal property security registers including the ASIC charges register and REVS (vehicles). Financiers, lessors and suppliers must take action to ensure that they don’t lose their rights over assets or securities. The Personal Property

Enabling disclosure no longer required to anticipate a patent claim

A recent decision of the Australian Federal Court has cast doubt on the widely-accepted notion that a “paper anticipation” is insufficient to invalidate a patent claim. In Albany Molecular Research Inc v Alphapharm Pty Ltd [2011] FCA 120, Albany sued Alphapharm (amongst other generics manufacturers) for infringement of Australian Patent No. 699799. This patent claimed

Recent progress toward Europe’s ‘community patent’

Australian exporters regard Europe as one of the most important and lucrative markets in the world. However, many patent applicants – both local and foreign – have criticised the cost and complexity of gaining patent protection throughout Europe. Whereas the present system of granting and enforcing a patent throughout the respective member states of the

Recent developments regarding software patents under New Zealand’s new Patents Act

In August 2010 and January 2011, Shelston IP reported that the latest iteration of New Zealand’s new Patents Act now sought to exclude computer software from patentability. The proposed exclusion was not only a reversal of New Zealand’s previous position, it was also contrary to the stance taken by her major trading partners – especially

AusPat: The electrodes have been applied and the sparks are flying

IP Australia’s full text searching shocked from the beta phase to go live.   It may be a little unfair to compare AusPat to Frankenstein’s monster, but IP Australia has taken us from the days of PatAdmin with AU-A, B, C Patent Specifications attached, stitching on Patsearch, all held together with a bit of APPS,

Expedited patent examination For “green” technologies

Unlike gene patents and computer software, there is a general acceptance that green technologies should patentable – the few dissenters who argue that such technologies should be in the public domain appear to overlook the basic quid pro quo of the “patent bargain” –being that without the prospect of patent protection, researchers would have no incentive to

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