How to use post-filing experimental data to help establish sufficiency and support

The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 was introduced in Australia with the intention of aligning Australia’s written description requirements with those in the UK and Europe. Under the new Act, a specification must disclose the invention in a manner which is clear enough and complete enough for the invention to be

A non-obvious (inventive) solution for issuing parking infringement notices

Vehicle Monitoring Systems Pty Ltd v SARB Management Group Pty Ltd [2020] FCA 408 This decision forms part of an ongoing battle between two Australian companies over patented technology for improving the efficiency by which authorities monitor and manage access to public parking.  In this decision, the Federal Court of Australia provides some helpful guidance

The matter with added matter in patent specifications – Allowability of amendments under post ‘Raising the Bar’ test

In the recent decision, CSIRO v BASF Plant Science GmbH [2020] FCA 328, the Federal Court of Australia considered the allowability of amendments to patent specifications under s 102(1) of the Patents Act 1990, as amended by the ‘Raising the Bar’ Act[1]. In overturning a decision of the Commissioner of Patents, Beach J decided that

Has “Raising the Bar” actually raised the bar on inventive step?

Nearly four years ago, on 15 April 2013, Australian patent law entered a brave new world.  Gone were the days of so-called “soft” patentability criteria that were out of kilter with those of our major trading partners – the Raising the Bar Act was going to change all of that.  One reputedly soft criterion was

Death of the ‘starting point’ approach: AstraZeneca v Apotex

A recent decision of the Full Court of the Federal Court of Australia, AstraZeneca AB v Apotex Pty Ltd (2014) 312 ALR 1 (‘AstraZeneca’) has clarified the tests for novelty and inventive step under the Patents Act 1990 (Cth). In relation to inventive step, the Full Court in AstraZeneca marked its disapproval of the ‘starting

Trade Marks Office issues first decision under new rules on extensions of time

Changes to the regulations governing extensions of time in trademark opposition proceedings in Australia came into effect on April 15 2013 as a consequence of the Raising the Bar legislation. The Australian Trademarks Office has now issued its first decision (MG Icon LLC v Caprice Australia Pty Ltd) on whether to grant an extension under those provisions. The