A clear mistake in a claim term cannot be corrected through claim construction

In GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No 2) Limited v Generic Partners Pty Limited [2018] FCAFC 71, the Full Federal Court has found that terms used in claims cannot be interpreted beyond their plain meaning.  Such a decision emphasises that great care is required when drafting claims that contain words or phrases that have a

“Promising” development for ESCO Corporation

ESCO Corporation v Ronneby Road Pty Ltd [2018] FCAFC 46   We previously reported the Federal Court decision in Ronneby Road Pty Ltd v ESCO Corporation [2016] FCA 588  (https://www.shelstonip.com/news/court-finds-claims-lack-utility-not-satisfying-composite-promise-patent-specification/) in which all claims of ESCO Corporation’s (“ESCO”) patent application AU 2011201135 for a Wear Assembly were found to lack utility on the basis that

Government review of Defence Trade Controls Act 2012 highlights relevance to local inventors

The Australian Government has announced an independent review of the Defence Trade Controls Act 2012.  Local inventors (and indeed, patent attorneys) may think “so what?  Unless I’m looking to patent a weapon, how is this remotely relevant to me?”  Well, if your invention falls into what’s termed the “dual use” category – inventions having potential

Double Walled Difference: Pi-Design AG [2018] ADO 2

Executive Summary Evidence establishing the state of the prior art is important, as this evidence may influence the other statutory factors in assessing distinctiveness. Prior art evidence should be limited to before the priority date of a design to be fully persuasive. Side by side comparisons between a design and the prior art may assist

The art of invention: An attorney’s perspective

Dr Michael Zammit, Shelston IP Senior Associate, uses a surface coatings example to illustrate the process of developing an invention, from concept to commercialisation.   To read the full article, which appeared in the May 2018 edition of ‘Chemistry in Australia’ please click here.  

Patent news from Europe: the Unitary Patent and the Unified Patent Court move a step closer

On World IP Day (26 April 2018), it was announced that the UK has ratified the Unified Patent Court Agreement (UPC Agreement).  Now only ratification by Germany is needed for the legislation to come into force.   What is the Unitary Patent? Currently, when a European patent application is granted, it essentially becomes a “bundle”

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