Best Patent Cases 2019 – Australia and New Zealand

Welcome to Shelston’s wrap-up of the most notable patent decisions in Australia and New Zealand delivered during 2019. It was a busy year for patent jurisprudence with some interesting themes emerging – in particular, it has been a banner year for decisions on the “manner of manufacture” requirement for patentable subject matter.   Read our

The distinction between repair and re-making: The Full Court clarifies the law on refurbishing a patented product

This important decision by the Full Court of the Federal Court in Calidad Pty Ltd v Seiko Epson Corporation [2019] FCAFC 115 clarifies the position on an area of law that, surprisingly, is still developing in Australia, namely the scope of the implied licence issuing from the sale of a patented product.   Re-manufacturers that

Genes, genetic applications and patent eligibility: Australia continues to be a gene-patent friendly jurisdiction

Non-invasive prenatal genetic testing based on maternal blood sampling is replacing older invasive forms of testing – a paradigm shift in prenatal medicine. The patent rights associated with these methods have been litigated in several jurisdictions, most notably to date the US, UK and Australia. This decision of Justice Beach in Sequenom, Inc. v Ariosa

Private Member’s Bill proposes second-tier New Zealand “advancement patent”

A New Zealand “innovation (or advancement) patent”?  Now distinctly possible.  Australia’s second-tier innovation patent regime has been all over the news recently – literally overnight, it went from death row to receiving a stay of execution. Although it is not without its faults, has been prone to certain unintended outcomes and has recently gained some

Intellectual Property Rights for Plants in Australia and New Zealand

In Australia, new plant varieties can be protected by both Plant Breeder’s Rights (PBR) and patents. In New Zealand, new plant varieties can be protected by Plant Variety Rights (PVR) while plants per se can be protected by patents. The form of protection which is most appropriate will require a consideration of the rights provided

Apple showcases value of registered design protection

The value and power of registered design protection has been confirmed by the United States Federal Circuit Court of Appeal in its decision of 18 May 2015, upholding an earlier decision, that certain of Samsung’s smartphones infringed Apple’s patented designs directed to its iPhone.   This decision highlights the value of securing registered design rights

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