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Welcome to Shelston IP’s round-up of the best patent cases from Australia delivered during 2017. There were significant and interesting decisions from appeals to the Full Federal Court, from Federal Court trials and interlocutory applications for injunctions and various other orders, and from the Australian Patent Office. Several decisions related to issues that had
When the Australian High Court ruled against the patentability of isolated naturally occurring genes in the Myriad decision, a number of commentators believed that the decision would ultimately invalidate claims directed to methods involving the practical application of genes. A recent Federal Court decision, however, has confirmed that claims directed to methods involving the correlation
A New Zealand Government review concluded more than 16 months ago under which the facility to “daisy chain” divisionals from applications proceeding under the Patents Act 1953 was squarely under threat. Nothing of significance appears to have happened in the interim – at least publicly, and one assumes the Government (which, of course, changed following
Opportunities in Asia are increasing rapidly. Ensuring your IP position in Asia is as strong as possible – and enforceable should the need arise – is paramount to success in Asia. Asian markets provide some of the most exciting opportunities for business growth – within some of the most challenging and dynamic intellectual property frameworks.
Shelston IP is closed during the Christmas period from Monday, 25 December 2017, until Wednesday, 27 December 2017. We will resume work on Thursday, 28 December 2017. The Australian Intellectual Property Office (IP Australia) will be closed from Monday, 25 December 2017, until Monday, 1 January 2018. All deadlines that fall due during this
Shelston IP has in recent years been fairly critical of IP Australia’s ever-tightening policies for examining (and rejecting) patent applications in the computer technology space. To a greater extent, our frustrations tend to arise from our work with local technology start-ups, for whom the availability of patent protection and the presence of a robust patent