New Zealand’s “drop-dead” divisional deadline… drops dead

New Zealand patent practice has long operated on a “drop-dead” deadline for the filing of a divisional application – once the would-be “parent” case is accepted, the facility to file a divisional application expires, irrespective of the circumstances.  Many have sought an extension/correction on some entirely reasonable grounds – clerical errors, communication problems, time-zone issues,

Say hello to IP Australia’s new online portal for small and medium enterprises

Innovation by small and medium enterprises (SMEs) plays a significant role in the Australian economy.  For such companies, it is important that they adequately capture and control the commercial path for each innovation so as to maximise their return on investment in research and development.   Many SMEs recognise that the starting point for capturing

Incorrect notifications issued by IPONZ/WIPO

A number of New Zealand trade mark owners have recently received incorrect notifications in relation their International Registrations designating New Zealand (“IRNZ”).  The Intellectual Property Office of New Zealand (“IPONZ”) advise these incorrect notifications appear to be the result of a “system issue” concerning communications with the World Intellectual Property Organisation (WIPO) who are responsible

Clinical trial protocols anticipate method of treatment claims, and further clarity provided on construction of Swiss-style claims

Australia’s Full Federal Court recently delivered judgment in an appeal in a significant patent case: Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2020] FCAFC 116.  The case concerned three patents relevant to Mylan’s oral lipid-lowering agent, Lipidil® (fenofibrate).   An enlarged Full Court bench comprising 5 judges (Middleton, Jagot, Yates, Beach and

Update: New extended deadline of 31 August 2020 for requesting extensions of time at IP Australia when a deadline cannot be met due to COVID-19

Initially, in April 2020, IP Australia announced that free extensions of time of up to three months could be requested until 31 May 2020 when a deadline could not be met due to the effects of COVID-19.  We are pleased to report that this period has now been extended until 31 August 2020.  Depending on

Shelston IP Webinar – Patenting biological and chemical inventions in Australia: eligible subject matter and written description requirements

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