The examination “red carpet” for cleantech patent applications in Australia

In recent years, IP “buzzwords” have included superconductors, gene patents, business methods and computer software.  Society’s ever-increasing environmental awareness now dictates that “cleantech” is the latest vogue.  The Australian Patent Office offers the facility to request expedited examination of any patent application if the applicant provides good reason (this may be as vague as “commercialisation”). 

IP and commercial considerations prior to and during the R&D stage of innovation

In a previous article, we outlined the various stages of innovation – from conception of an innovative idea, through the research and development (R&D) stage, followed by commercialisation, and then marketing of innovative products or services. We have also outlined what IP considerations are most relevant at each stage. The purpose of this article is

Patenting inventions emerging from academia – 5 common mistakes

Are you an academic?  Have you sought patent protection of your inventions, or do you plan to?  What should you think about before you publish your work to preserve and maximize your patent position?  Are you inadvertently making one or more common patenting mistakes?   Over the past dozen or so years I have assisted

Will Australia follow the US and prohibit the patenting of genes and biological material?

A decision is expected later this year from the Australian High Court in D’Arcy v Myriad Genetics Inc. This case is essentially equivalent to the US Myriad Supreme Court case and thus will provide a definitive judgment in relation to the patentability of isolated genes in Australia, which the lower courts have unanimously found to

The Full Court of the Federal Court finds computer-implemented invention not patentable

The Full Court of the Federal Court has dismissed the patent applicant’s appeal in Research Affiliates LLC v Commissioner of Patents [2014] FCAFC 150 (link), finding that the computer-implemented inventions in issue were not patentable subject matter under Australian law.   The case concerned patent claims for computer-implemented methods and systems for generating financial securities

Israel acknowledges importance of software patents

The patentability of software and computer implemented technologies has been a veritable hotspot in patent law over recent years in many countries. The Israeli Patent Office has now, after lengthy deliberations, settled on a formal policy. And, for those seeking to protect technology in that space, the news is particularly positive for commercially savvy innovators.

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