Tech start-ups: Let’s end the irrational fear of software patents

Shelston IP has in recent years been fairly critical of IP Australia’s ever-tightening policies for examining (and rejecting) patent applications in the computer technology space.  To a greater extent, our frustrations tend to arise from our work with local technology start-ups, for whom the availability of patent protection and the presence of a robust patent

Improved IPO website in Papua New Guinea (PNG) unveiled

Securing protection for your intellectual property in the South Pacific can often be both challenging and time-consuming.  If registration is available (which is not always the case), the registration process varies from country to country and often involves a labyrinth of filing requirements, elderly legislation and “island time”, where an outwardly straightforward process may take

The CPTPP places IP in the “too hard basket”

The “CPTPP”, otherwise known as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership is what remains of the “TPPA-11” (which was itself, what remained of the  Trans-Pacific Partnership (“TPP”) Free Trade Agreement following the withdrawal of the United States).  Last month, in Vietnam, the eleven remaining signatories resolved to push forward toward an agreement –

Pfizer succeeds in Full Federal Court appeal and will now receive preliminary discovery regarding possible infringement of biological medicine process patents

We previously reported on the 21 March 2017 decision of Burley J of the Federal Court of Australia in Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd [2017] FCA 285, in which his Honour dismissed Pfizer’s application for preliminary discovery of documents relevant to determining whether a registered biosimilar product might infringe one or

The Patent Office provides clarity regarding enablement of polypeptide claims

Australia has relatively recently implemented support laws that require a specification to provide sufficient information to enable the skilled person to perform an invention over the entire scope of the claims without undue burden or the need for further invention. These new support laws have been stringently applied by the Patent Office, in particular in

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)

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