An innovation patent owned by Southern Cross was found to be invalid in the decision Southern Cross Industrial Group Oty Ltd v Mickala Lighting Towers Pty Ltd and Damien Englebrecht [2025] FCA 1363. Whilst it was not necessary to do so in light of that finding, Justice Downes then went on to decide whether Mr …
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Patent filing trends show that semiconductor-related patent activities in Australia are concentrated in specialist applications, namely, photovoltaics (PV) and quantum technologies. Both areas are supported by strong local research expertise and significant public investment. In each case, strategic patent filings can help attract partners and funding, and translate research into a competitive market position. Global …
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Bed Bath ‘N’ Table Pty Ltd v Global Retail Brands Australia Pty Ltd [2025] HCA 50 Phillips Ormonde Fitzpatrick Lawyers has successfully represented long-standing client, Bed Bath ‘N’ Table Pty Ltd (BBNT) in its appeal to the High Court of Australia as part of its long running dispute with Global Retail Brands Australia …
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Australia’s FemTech industry is rapidly growing and like any technology based on research, development and innovation, it is important for founders to give early consideration to the IP implications of their work. The broader women’s health landscape is also shifting. Growing societal awareness, increased investment and a surge in women-led innovation are reshaping areas ranging …
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In Otsuka Pharmaceutical Co Ltd v Sun Pharma ANZ Pty Ltd [2025] FCAFC 161[1], the Full Federal Court has confirmed that Australian patent term extensions (PTE) apply only to patents claiming an active pharmaceutical ingredient (API) per se. Formulation claims no longer qualify. This overturns earlier authorities and reshapes exclusivity strategies for originators. Background: Australian …
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Australian trade mark practitioners should be aware of some changes to the Trade Mark Regulations 1995 which are effective before the end of 2025. The Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 introduces a number of amendments, some of which were effective from 19 November 2025 and others from 19 December 2025. …
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The decision in EIS v LELO Oceania[1] underscores the importance of clear definitions, reproducible testing parameters, and credible experimental support in the context of FemTech inventions – particularly where biological interfaces are involved. What the case was about The case centred on a patent for a handheld “pressure-wave massager”, a device that uses rhythmic pulses …
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Three years ago, the High Court’s equal division in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29 (reported here) left Australia without binding guidance on the patentability of computer implemented inventions. Under section 23(2)(a) of the Judiciary Act, that 3:3 split affirmed the earlier Full Court orders but not its reasons, …
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Brand owners seeking to expand their product offerings should conduct thorough trade mark searches to ensure their marks are clear for use in new categories. In White International Pty Ltd v WHITES POWERSPORTS AUSTRALIA PTY LTD [2025] ATMO 157, the trade mark applicant, Whites Powersports, sought registration in various classes including 7, 8, and 9 …
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In the recent decision of Dyno Nobel v Orica Explosives, Justice Downes needed to decide the correct date at which the disclosure of a novelty citation is assessed-the date of publication of the citation or the priority date of the patent in issue. Her honour noted that various authorities supported the proposition that the correct …
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