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

Broad antibody claims under attack – USPTO issues memorandum raising written description requirements

Upon discovery of a novel biological target, an applicant may attempt to patent antibodies directed to the target, as such antibodies may have diagnostic and/or therapeutic applications. In the past, it has been possible to claim such antibodies in the US by merely stating that they are capable of binding the new biological target, and

Switch off with Shelston IP for Earth Hour on 24 March 2018

Earth Hour started as an Australian campaign in 2007. The campaign was designed to draw attention to tackling global warming and get people talking about what we can do to help. Since then, Earth Hour has grown to engage more than 180 countries and territories worldwide.   This year, Earth Hour will be held on

How to establish ownership: Federal Court provides guidance in ANCHORAGE decision

In Anchorage Capital Partners Pty Limited v ACPA Pty Ltd ([2018] FCAFC 6, February 2 2018), the Full Court of the Federal Court has determined a case involving competing claims to ownership, in Australia, of the trade mark ANCHORAGE for financial services.   The Australian company, Anchorage Capital Partners Pty Ltd (Anchorage) was incorporated in

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