Australia’s second-tier innovation patent system is presently on death row and the Government – judge, jury and executioner – is seeking a quick kill. With all appeal avenues seemingly now exhausted, we ask the question – albeit somewhat academically, as to whether it necessarily has to die – or whether it could be rehabilitated. In
Australia’s innovation patent at death’s door: Is the Government trying to cover up innovation policy reform?
Like a prisoner on death row, Australia’s innovation patent has been transferred to “the condemned-man’s cell” with the introduction of the IP Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 into Parliament on July 25. As well as including provisions to abolish the innovation patent system, the Bill, if passed, will
The distinction between repair and re-making: The Full Court clarifies the law on refurbishing a patented product
This important decision by the Full Court of the Federal Court in Calidad Pty Ltd v Seiko Epson Corporation  FCAFC 115 clarifies the position on an area of law that, surprisingly, is still developing in Australia, namely the scope of the implied licence issuing from the sale of a patented product. Re-manufacturers that
IP Australia have just released the new Australian Design Search into the wild, replacing the (now) old Australian Designs Data Searching system, or ADDS. It’s a vast improvement over the old system, although if you’re familiar with IP Australia’s efforts over the last few years you’ll see a lot in common with the Australian
In July 1969, as a young boy, I watched in awe, along with the rest of world, as the United States of America put two men on the moon. Years later in 2011, the then Prime Minister of Australia, Julia Gillard, stood before US Congress and recalled the same moon-landing memory and with acquiescence wept
Across most jurisdictions, the facility to file a divisional application is an essential part of a patent attorney’s toolkit. It is also an avenue of potential strategic advantage to patent applicants. As Trans-Tasman patent attorneys, we’re presently seeing the two jurisdictions we service move further and further apart in respect of divisional practice. Australia remains