Aristocrat hits the jackpot as electronic gaming machine found patentable

Aristocrat Technologies Australia Pty Limited v Commissioner of Patents [2020] FCA 778   Aristocrat Technologies Australia Pty Limited (ATA) appealed to the Federal Court from an Australian Patent Office decision that four of its innovation patents (the Patents) for electronic gaming machines (EGMs) should be revoked to failing to define patentable subject matter.  The Federal

Pilkin v Sony Australia Limited

Mr Vitaly Pilkin appealed from a Federal Court decision summarily dismissing his patent infringement proceedings against Sony Australia and refusing leave to serve Sony entities out of jurisdiction in the US and the UK (see our discussion of that earlier decision in our Best Patent Cases 2019 publication).  The Full Federal Court refused Mr Pilkin’s

Get your Australian Innovation Patents filed by 26 August 2021

The critical dates are now known in respect of the Australian Government’s abolition of the second-tier “innovation patent” system: new applications must be filed before 26 August 2021, and all innovation patents will have expired by 26 August 2029.  Significantly, existing innovation patent rights (and those applied for over the next 18 months) will not be

Australia’s Innovation Patent to be abolished by legislation now passed in Federal Parliament

Australia’s second-tier “innovation patent” – rumours of its demise have (unfortunately, not) been greatly exaggerated.     The Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 has now passed with a clear majority through both houses of Australia’s Federal Parliament.  The headline act of the new legislation is that

The status of Australia’s innovation patent – how full is the glass?

The “glass half empty” headline: Innovation patent spends Christmas on death row.   The “glass half full” headline: Innovation patent lives to fight another day (year).   Notwithstanding, optimistic and the pessimistic angles will invariably converge early in the New Year, as the fate of Australia’s second-tier “innovation patent” is up there with death and

New Australian patents claiming chemical compounds may be vulnerable to revocation

It seems that the abolition of Australia’s second-tier patent system, the innovation patent, (as detrimental as this will be for Australian business) could be considered as a high-profile distraction to divert attention away from new laws that will potentially render patents claiming chemical compounds, with reference to a structural formula, vulnerable to invalidation.   This

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