Australia remains a gene-patent friendly jurisdiction

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

User principle confirmed for assessing damages in passing-off cases

In Winnebago Industries Inc v Knott Investments Pty Ltd (No 4) ([2015] FCA 1327, December 2 2015), Yates J of the Federal Court of Australia has handed down its decision regarding damages in the long-running dispute between Winnebago Industries Inc (Winnebago US) and Knott Investments Pty Ltd. By way of background, in the first instance

The Full Court of the Federal Court finds computer-implemented invention not patentable

The Full Court of the Federal Court has dismissed the patent applicant’s appeal in Research Affiliates LLC v Commissioner of Patents [2014] FCAFC 150 (link), finding that the computer-implemented inventions in issue were not patentable subject matter under Australian law.   The case concerned patent claims for computer-implemented methods and systems for generating financial securities