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Innovation: A tale of two jurisdictions

In the past, New Zealand has trumped Australia in relation to a range of important policy issues including: votes for women; native title rights for indigenous people; environmental laws and renewable energy; and marriage equality. Now New Zealand appears to be leading Australia again, this time in relation to innovation policy.   As reported by

Making use of expedited examination for “cleantech”

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”). 

Understanding the differences between patentability (novelty) and freedom to operate prior art searching

During the course of the patenting process to protect a new invention, one may require a patentability search (also known as a novelty search) in order to determine whether the new invention is new (novel) and arguably inventive in view of the prior art. This situation can be contrasted with the commercial exploitation of a

Private Member’s Bill proposes second-tier New Zealand “advancement patent”

A New Zealand “innovation (or advancement) patent”?  Now distinctly possible.  Australia’s second-tier innovation patent regime has been all over the news recently – literally overnight, it went from death row to receiving a stay of execution. Although it is not without its faults, has been prone to certain unintended outcomes and has recently gained some

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

An Easter resurrection for Australia’s innovation patent system!

For the last year, one of the most discussed topics in Australian IP circles has been the proposed abolition of the innovation patent system – Australia’s second tier patent system. This controversial measure came about as a result of a Productivity Commission recommendation, which the Government swiftly supported in August 2017.   Shelston IP reported

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