A practical guide: Commonly asked questions during patent prosecution in Australia and New Zealand

Patent attorneys in Australia and New Zealand, so-called Trans-Tasman patent attorneys, are registered to practise under a joint registration regime.  However, the Trans-Tasman patent laws are far from harmonized. There are a number of important differences between the two jurisdictions to watch out for and we consider some of them here in respect to commonly

Tricks of the Trade: There’s a word for that (and usually many more)

When Winston Churchill said, “broadly speaking, the short words are the best, and the old words best of all”, he (most likely) wasn’t speaking about the words found in patent specifications.  However, in saying that, he is both right and wrong.   Old, short words would be described today as “plain English”.  Describing something in

BLACK SHEEP Trade Mark Dispute – Not all Sheep are the Same

Chris and Dora Di Lorenzo Partnership v Denversian Pty Ltd & Anor [2020] FCAA 1718 (30 June 2020)   On 30 June 2020, Chris and Dora Di Lorenzo Partnership (Di Lorenzo) unsuccessfully appealed against a decision by the Registrar of Trade Marks regarding registration of the trade mark BLACK SHEEP by Denversian Pty Ltd (Denversian).

Ceramiche Caesar S.p.A. V Caesarstone Ltd [2020] FCAFC 124 (28 July 2020)

In the recent decision of Ceramiche Caesar S.p.A. V Caesarstone Ltd [2020] FCAFC 124 (28 July 2020) the Full Federal Court decided that the primary judge had erred in finding “honest concurrent” use of the CAESARSTONE mark.  The decision also considers the requirements for “quality control” and a finding of “authorised use”. Proceedings The decision

Australian Trade Mark Fee Changes

The Australian Trade Marks Office (‘IP Australia’) has recently announced official fee changes effective from 1 October 2020.   The most significant change is an increase to trade mark application fees. The official fees payable (per class) for a standard application are being raised from AU$330 to AU$400. This provides an even greater incentive to

Injecting preliminary discovery into patent infringement proceedings

Sovereign Hydroseal Pty Ltd v Steynberg [2020] FCA 1084   An application for preliminary discovery of documents relating to the constituents of a ‘sealing composition’ and methods of using it to seal passages was granted in circumstances where an exclusive licensee of the asserted patent suspected infringement by a third party based on past employment,

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