Australia’s patent law allows that, in certain circumstances, suppliers of products may be liable for infringement of a patent even when they are not the end user of the product. This type of indirect infringement is relevant particularly in the pharmaceutical industry where patentees may seek relief for infringement of some types of second medical use …
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Please join us for this year’s Ethics webinar. In this webinar, Alexis Keating will discuss the ethics and professional responsibilities of working remotely, including the importance of: adequate supervision; maintaining client confidentiality; and competent use of technology. The webinar will also address other topical matters from the last year, including recent case law and sexual …
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Healthcare has arguably been one of the most impacted sectors during the COVID-19 pandemic. Medtech companies have developed game-changing innovations at a rapid pace to solve new problems and arm clinicians with technologies for the fight ahead.

During examination of a European patent application, where a proposed amendment is non-compliant with Article 123 EPC, the examiner is not obliged to consider any other patentability requirements unless any added matter issues are resolved. If the specification does not include adequate basis for the desired amendment and an alternative amendment is not suitable, the …
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Following two recent decisions, one involving Ferrari, and the other involving HSV spare parts, we have been provided a long sought after application of the legislative framework. In this presentation we walk through the Australian Design process, from application to registration, and will discuss the affect these decisions have had on the way design applications …
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“In the middle of difficulty lies opportunity” – Albert Einstein As the COVID-19 outbreak is severely impacting the economy, companies are facing never-seen-before challenges and disruptions when it comes to protecting their brands. While much of our everyday lives – such working from home, how we shop, and communicate – has migrated online, what are …
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Whether it be software transforming and disrupting industry, or the all-pervasive use of software in our day-to-day working (and non-working) lives, the issue of using and accessing software has never been more relevant. Software, being comprised of source code, is generally considered a literary work in Australia – and to be able to use that, …
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Australia allows extensions of term of up to five years for certain pharmaceutical patents. This webinar will cover eligibility requirements, along with a discussion on recent case law and Patent Office practice regarding pharmaceutical extensions of term, identifying best practice for patent applicants and patent practitioners. The duration of this webinar will be approximately one hour.

If you think the renegade dance challenge taking over TikTok at the moment is tough, you haven’t tried ‘the patent dance’. In the United States, the Biologics Price Competition and Innovation Act (BPCIA) created an abbreviated approval pathway for biosimilar products. Like the Hatch-Waxman Act, the BPCIA encourages generic competition by allowing biosimilar manufacturers to piggyback …
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By looking at decisions made in the last five years concerning the support and enablement requirements of the Australian Patents Act, we will identify commonalities that will help inform patent applicants and patent practitioners on what is required to maximise the scope of patent protection. The duration of this webinar will be approximately one hour.

Australia’s patent law is unusual compared to major patent jurisdictions because a failure to disclose the best method of performing an invention is a ground of revocation.  This can represent a major hurdle to patent enforcement. Australian courts have shown a willingness to revoke otherwise sound patents on this ground alone, as most recently seen in BlueScope …
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On Thursday 27 February, we will be hosting three seminars that will allow you to earn CPD/CPE points towards your professional development, while networking with your peers. Lunch and refreshments will be provided on arrival, with 15 minute tea/coffee breaks between sessions. The seminars that will be presented are below. You may attend individual seminars, or all three using the …
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We’re living through an extraordinary moment in technological history. From Siri to autonomous vehicles, artificial intelligence is progressing rapidly. In the past decade, the rise of artificial intelligence has revolutionized computer science and the workplace. By 2024, the artificial intelligence market is expected to exceed more than US$191 Billion. POF will be hosting a two-part …
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We’re living through an extraordinary moment in technological history. From Siri to autonomous vehicles, artificial intelligence is progressing rapidly. In the past decade, the rise of artificial intelligence has revolutionized computer science and the workplace. By 2024, the artificial intelligence market is expected to exceed more than US$191 Billion. POF will be hosting a two-part …
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While the Australian Government has accepted the recent Productivity Commission’s recommendation to raise the threshold for inventive step to more closely mirror that of the European Patent Office, the Government has also decided to undertake further analysis and consultation with stakeholders before amending the inventive step requirements. This seminar discusses the European Patent Office’s approach …
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Australia is one of the few countries in the world which offers defensive trade mark registration. Defensive registration is available for trade marks for goods or services for which the mark has not been used – even if there is no intention to ever use the mark in connection with those goods or services. The …
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POF will be hosting an Intellectual Property 101 workshop as part of StartUp Coffs Coast 2019 and we would be delighted if you could join us. This three hour workshop includes a discussion around: What is intellectual property Who owns it Why is intellectual property important How to use intellectual property to grow and commercialise …
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Counterfeiting is a worldwide phenomenon and has invaded almost every sector of the economy, including consumer products, electronic equipment and pharmaceuticals. At this seminar, Marine Guillou will discuss the process for implementing a brand protection strategy in Australia, New Zealand and online.

Phillips Ormonde Fitzpatrick will be hosting an Intellectual Property 101 workshop event as part of the Hunter Innovation Festival, and we would be delighted if you could join us. The workshop will have a commercial focus and is designed to help start-ups and established businesses identify their intellectual property, properly capture it and understand ways to use their intellectual property to grow and commercialise.

Ethics is an important issue which underpins professional duties. This seminar will discuss ethical obligations and provide guidance on how to navigate the complex areas of professional conduct. In this seminar, Magda Bramante will discuss recent cases which consider the following: Confidential information and the paramount duty to the court – lessons from Lawyer X. …
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In this presentation, our newest recruit, Matthew Ford will provide an anecdotal account of US patent prosecution from the perspective of an Australian attorney working with clients filing in the US. The focus will be on how Australian attorneys can help to enhance the strength and value of their clients’ US patents.

In this presentation, Adrian Crooks and Annabella Newton will review the consequences of these legislative changes and how much the bar has actually been raised, as well as discussing practical tips for navigating this brave, new(ish) post-RTB world.

The validity of patents in the 'unpredictable arts', such as chemistry, biotechnology and materials science, is assessed differently compared to those in more 'predictable' fields of technology.

The Federal Court has again looked at the vexed question of colours operating as trade marks. In the decision of Frucor Beverages Limited v The Coca-Cola Company [2018] FCA 933, the Federal Court determined that the colour green, as used by Frucor Beverages in relation to its V brand of energy drinks, did not operate as a …
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Alternative dispute resolution vs litigation: Knowing when to sue In this seminar, Chris Schlicht and David Longmuir will discuss strategies for the effective resolution of intellectual property (IP) disputes to get the maximum value out of your IP. They will cover the various approaches to resolving disputes early, cost effective strategies for future enforcement, and …
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There are multiple funding options available to Australian organisations to help subsidise the cost of R&D and marketing activities, but many are underutilised. One of these options is the Australian Government’s flagship innovation program, the R&D tax incentive.  The incentive can significantly reduce the cost of undertaking R&D activities through the application of a tax …
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Presenter:Michael Squires – Partner – Phillips Ormonde Fitzpatrick It’s that time of year again – time to earn those much needed trade mark CPD points. Join us for a summary of trademark news, legal developments and cases from around the world over the past 12 months, looking at moves towards and away from harmonisation. The …
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Presenters:Russell Waters – Partner – Phillips Ormonde FitzpatrickAnita Brown – Senior Associate – Phillips Ormonde Fitzpatrick As Commonwealth countries, Australia and New Zealand share many similarities when it comes to trade mark law. However, there are dangers in assuming that the law is identical in both jurisdictions. This seminar will provide a refresher as to …
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Presenter: Greg Chambers – Board Chair, Partner – Phillips Ormonde Fitzpatrick Lawyers The recent overhaul of the Code of Conduct for Patent and Trade Mark Attorneys has changed the obligations placed on practitioners when providing professional services. What are the new rules and how do these now compare with the obligations on practitioners in other countries, …
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Presenter:  Helen McFadzean – Associate – Electronics, Physics and IT People often say appearances are not everything. This is true for many things in life, but not in the field of product design. Creating the right product appearance can provide a powerful competitive edge in the market place. The overall appearance of a product resulting …
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Presenter: Ian Horak – Barrister, Victorian Bar The Intellectual Property Laws Amendment (Raising the Bar) Act 2011 (Cth) implemented one of the most significant changes to patent law since the Patents Act 1990 (Cth) came into force.  This seminar discusses the impact of those amendments four years on and will consider, in particular, how changes have …
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Australia’s patent system allows certain patents relating to pharmaceutical substances to have their term extended by up to five years. There have been a number of recent decisions from the Patent Office which have clarified Australia’s extension of term provisions, and are relevant to the pharmaceutical industry, including originating manufacturers and generics. The Government has …
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The New Zealand Patents Act 2013 commenced on 13 September 2014, heralding significant changes to the previous Act. The new provisions bring New Zealand’s patent laws into line with the majority of developed nations. Over the last few years, unexpected issues have been encountered in practice when filing and prosecuting patent applications in New Zealand. …
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Counterfeit products, grey market goods and the misuse of trade marks are some of the problems Australian companies face due to largely off-shore supply chains. Trade mark registration and enforcement are just two of many tools used to preserve supply chain integrity and guard against IP theft. In this seminar, we will discuss: how, when …
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Patents for inventions in the field of life sciences, perhaps more so than any other field of invention, can be ethically and morally contentious. This has recently played out in the debate surrounding the BRCA gene mutations, where public access to patented technology was a key issue. As a result, patent offices around the world …
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Ethics is an important issue which underpins professional duties. This seminar will discuss ethical obligations and provide guidance on how to navigate the complex areas of professional conduct. At this seminar, Magda Bramante will discuss recent cases which consider the following: The making of misleading statements when seeking an extension; Whether one off mistakes amount …
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Just over a year ago, the Full Federal Court of Australia confirmed that unpatentable abstract ideas or business schemes do not become patentable merely by being implemented on a computer. Nonetheless, this judgment (the RPL Central judgment) provided that computer implemented inventions can still be patentable if the computer is ‘integral’ to the invention and …
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Does your product have a unique appearance? If so, it may need to be protected with a registered design. Design registration protects the appearance of a product, and can also act as a deterrent to others who might want to copy and commercialise a product with a similar appearance. A registered design can also be …
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The incidence of trade mark squatting is a serious problem, impacting even the biggest brands such as Apple, Penfolds and Tesla. Trade mark squatting occurs when someone intentionally files a trade mark application for another party’s registered trade mark, in a country where the other party does not hold a trade mark registration. The squatter …
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Australia’s patent system allows certain patents relating to pharmaceutical substances to have their term extended by up to five years. Australia’s Productivity Commission issued a draft report recommending reform of the extension of patent term system, and is expected to release its final report in September. The controversial Trans Pacific Partnership Agreement has also highlighted …
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The visual appearance and shape of a product can establish a distinct identity in the market place. If the visual elements of your product provide a unique competitive advantage, registration of a shape trade mark can be a highly effective form of legal protection. This seminar will provide an overview of the requirements for registration …
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Do you have: a logo on your business card? a unique method or plan for how you do business? a customer list? a recipe you use to make material you work with? a colour or graphic scheme you use for your packaging, web site or brochures? unique technology that you have developed to sell or …
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Trade Marks in the age of Google The increase in businesses using the internet to promote their products and services has prompted corresponding growth in the ways in which trade marks may be used and abused online. At this seminar, we look at the recent Federal Court case of Veda Advantage Limited v Malouf Group …
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Inventive Step in Australia – today, tomorrow and beyond The introduction of the Patents Act 1990 (Cth) made it possible to challenge the inventiveness of a patent claim based on prior art which did not form part of the common general knowledge. Decisions of the Full Federal Court and High Court in AstraZeneca v Apotex …
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Trade mark disputes and alcohol brands – a ‘Case and Taste’ twilight seminar with networking drinks  At this seminar, we will focus on trade mark disputes in relation to alcohol brands as we discuss a number of trade mark case studies that highlight the do’s and don’ts of alcohol branding as well as the repercussions …
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On Wednesday 20 April, POF Deputy Managing Partner, Karen Spark, will be presenting an Innovation Seminar on ‘Intellectual Property – What you need to know to prevent costly business mistakes’ at the Business Technology Conference and Expo in Darwin. The session will cover the different forms of intellectual property protection available to gain a monopoly …
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Ethics is an important issue which underpins professional duties. This seminar will discuss ethical obligations and provide guidance on how to navigate the complex areas of professional conduct. At this seminar, Magda Bramante will discuss recent cases which consider the following: Evidence containing misleading statements and supervision of inexperienced staff; Acting against former clients when …
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Entrepreneurs Programme – Accelerating Commercialisation  Following on from our recent seminar on access to grants, this seminar will provide a detailed overview of the Australian Government’s new flagship initiative – the Entrepreneur’s Programme. The Entrepreneur’s Programme forms part of the new industry policy outlined in the National Innovation and Science Agenda, a business-focused element of …
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Innovation & Commercialisation – Which Government Funding Programs are available to you? Have you ever considered applying for a Government funding program? Do you know what programs are available and how to access them? Depending on the nature of your business, you could be eligible for a grant ranging from $5,000 to $2 million, so …
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      UPDATE: RPL Central & Research Affiliates – Where does Australia stand in relation to the patentability of computer implemented inventions?  In December 2015, an important decision was handed down in the Full Federal Court of Australia, which confirmed the judgment in the recent Full Federal Court case Research Affiliates v Commisioner of …
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Intellectual Property protection for Apps in the Digital Health and MedTech space Mobile apps have become ubiquitous, with recent data from IAB Australia/Nielsen showing that 52% of our digital time is spent on mobile devices, with app usage taking up the majority of our time and generating the highest levels of engagement.* Apps in the …
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At this seminar, Greg will focus on the differing practices you are likely to encounter in your day-to-day patenting activities in Europe. Some of the topics will include: • Avoiding excess claim fees • Opportunities to amend • The need for more detail in patent specifications • The EP problem/solution approach to obviousness • The essentiality (or not) of features in EP claims

Research Affiliates LLC v Commissioner of Patents – Why this decision is so important and what it means for you In November 2014, an important decision was handed down in the Full Federal Court of Australia, which confirmed that unpatentable abstract ideas or business schemes do not become patentable merely by being implemented on a …
>> Read more

Counterfeiting is a worldwide phenomenon and has invaded almost every sector of the economy, including consumer products, electronic equipment and pharmaceuticals. At this seminar, Marine Guillou will discuss the process for implementing a brand protection strategy in Australia, New Zealand and online.

Contracts underpin the viability and security of any business, whether they are large or small. Understanding contracts is a vital and unavoidable part of business management, and without a basic knowledge of contracts, organisations can end up in hot water. At this seminar, we will provide practical tips for business owners and managers to help …
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In the event that you find yourself in a contentious situation regarding intellectual property rights, getting your position and communications right from the outset is vital, potentially saving you time and money.

The session will provide attendees with an introduction to intellectual property rights (including trade marks and copyright), what they protect and explain why they are relevant to SMEs and start-up businesses.

POF Partner and leader of the firm's Medical Technology team will be giving a talk at the next meetup, where she will discuss topics such as: Intellectual property protection in medical technology from both a global and Australian perspective The process of application At which stage of product development should they apply their intellectual property An example of a case which demonstrates the significance of IP in medical technology

The Patents Act 2013 was passed by the New Zealand parliament earlier this year, heralding significant changes to the previous Act. Most of the new provisions will commence on 13 September 2014, and it is important that all applicants and practitioners are fully aware of these changes and how they will affect filing in New Zealand.

3D printing opens up an exciting range of advanced manufacturing possibilities. It also has the potential to be highly disruptive to traditional design and manufacturing processes, raising the prospect of conflict with existing intellectual property rights.

Have you ever wondered about government grants, what's available and how to access them? Or what's involved in the application process? With over 747 grants available for businesses in Australia totalling $55.8 billion, it pays to be informed. POF have secured Adrian Spencer of Grant Guru to inform our valued clients on an important area of potential business support and benefit.

In this seminar, we will talk about how to get the most out of a registered trade mark.

If you own or manage a business you might be surprised to learn how much valuable intellectual property (IP) you have; IP you can trade, sell and need to protect. Issues relating to IP – both yours and your competitors’ – can have a major impact on your business.

The internet has revolutionised the way we live our lives, from how we connect with each other, to how we do business. More people than ever are setting up online businesses, sharing information and shopping internationally – all without leaving their desks. On the flipside, the internet has also created a considerable amount of legal risks for organisations, particularly with regards to intellectual property.