A question of form

On 17 May 2019, the Federal Court of Australia handed down a decision in Gram Engineering v Oxworks[1], finding that Oxworks had manufactured and sold a product that infringed the claims of Gram’s Australian Patent No. 2004291566. The Patent The Patent relates to fencing, and more specifically to fence elements – known as plinths – …
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New IPONZ Fee Schedule

The New Zealand Patent Office (IPONZ) has recently published a schedule of fees which will take effect as of 13 February 2020.   Amongst the wide-ranging increase in rates, some of the most significant relate to excess claim fees, renewal fees and requesting examination. Excess Claim Fees Unlike many other patent offices around the world, there …
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Innovation Patent one step closer to the guillotine

Further to our blog post in September on the future of the innovation patent, the Intellectual Property Laws Amendment Bill (Productivity Commission Response Part 2 and Other Measures) (“Part 2 Bill”) passed the Australian Federal Senate on 16 October 2019.  The Australian patent system provides for the filing of “standard” and “innovation” patent applications.  Innovation …
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POF hosts second series of SBE Australia’s E3 Program

POF is proud to once again host SBE Australia’s E3 Program (Empower, Evolve, Escalate) at our Melbourne office from 11 October to 29 November 2019. The E3 Program is designed specifically for female entrepreneurs and leaders of technology or life science businesses, equipping them with the skills they require to grow a successful, sustainable and …
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IP Australia weighs in on Encompass v Infotrack and patentability of software

As we recently reported, the judgment in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161 (Encompass) endorsed the earlier Research Affiliates and RPL Central decisions, and the law as it relates to patentable subject matter in Australia (manner of manufacture) in the context of computer implemented inventions (software patents).   IP Australia has now advised that the judgment …
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Australian Innovation Patents likely to be abolished

In July 2019, IP Australia announced a Bill[1] which phases out the innovation patent system.  This Bill is currently being considered by Parliament, marking the start of the legislative process that will likely remove this useful form of patent filing from Australian practice. However, there is still a window in which Innovation patents can be filed, …
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POF and the Medical Device Partnering Program

POF is thrilled to be involved with the Medical Device Partnering Program (MDPP) as one of their partners and providers of IP services. The MDPP supports the development of new, high-tech medical devices through facilitating collaboration between researchers, industry, end-users and government, and undertaking rapid research projects that demonstrate proof of concept and de-risk ideas. …
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Encompass Corporation Pty Ltd v InfoTrack Pty Ltd – Our full analysis

On Friday 13 September, the Full Federal Court  released its much anticipated decision regarding manner of manufacture in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161, dismissing an appeal from a Federal Court judgment. The expanded bench (5 judges) upheld the primary Judge’s finding that a computer-implemented invention for displaying information was not patentable subject matter. This …
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