“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”

The importance of a well-drafted patent specification

Patent attorneys work at the interface of science, law, and commerce. The fundamental prerequisites for a person to practice patent law are technical and legal qualifications. However, it is also critical to have an in-depth understanding of how products and services are commercialized in order to properly frame the patent specification and draft the claims,

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