F45 Training have failed in their bid to assert two innovation patents against their competitors with the Federal Court finding the patents invalid and not infringed.1 Background The patentee (“F45”) sought relief from the Federal Court in respect of alleged infringements of two innovation patents directed to a method and system for configuring exercise stations …
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Following the Federal Budget announcement in May 2021 (previously reported here), the Government has now introduced legislation to create Australia’s first Patent Box, and help Australian companies to commercialise medical and biotechnology innovation. The Treasury Laws Amendment (Tax Concession for Australian Medical Innovations) Bill 2022 was introduced into the House of Representatives on 10 February …
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Last year, patent applications filed by Dr Stephen Thaler naming an artificial intelligence known as ‘Device for Autonomous Bootstrapping of Unified Sentience‘ (DABUS) as the inventor made news headlines around the world. As reported earlier, in a surprising move the Australian Federal Court recognised DABUS as an inventor. This decision is currently on appeal. In …
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2022 could be shaping up to be a big year for the Commissioner of Patents regarding patent-eligibility of software in Australia, depending on the High Court. There are now two Special Leave applications on foot at the High Court of Australia from two recent Full Federal Court of Australia judgments. Aristocrat filed a Special Leave …
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The Australian Government has been assigned copyright in the Aboriginal Flag as part of a $20 million deal to purchase the rights from its creator, paving the way for its use without permission or the payment of a fee. Luritja artist and activist Harold Thomas designed the flag, which has become a symbol of Aboriginal …
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Phillips Ormonde Fitzpatrick extends a warm welcome to our new associate, Dr Jessica Chadbourne, who has recently joined our Chemistry and Life Sciences team in our Sydney office. Jessica is a PhD qualified chemist with a passion for working with inventors and innovators across the chemical sciences landscape. Jessica has experience across the full spectrum …
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Key points IP Australia is sticking with the 3-part Myriad test for patentable subject matter, requiring identification of the substance of the invention. The substance of the invention is not necessarily the same thing as the novel features of the claim. With respect to electronic gaming machines, Examiners will find “game play” inventions to …
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A recent Federal Court decision has further considered Australia’s patent term extension (PTE) provisions. Merck Sharp & Dohme (MSD) is the registered proprietor of Australian patent 2002320303, which relates to the treatment or prevention of diabetes. Read more on page 10 >>
In Hardingham v RP Data, Thawley J held that RP Data was not liable for infringing copyright in various photos and floor plans reproduced on its website. However, on appeal, a majority of the Full Court reversed this decision, and in doing so, highlighted the risk in relying upon implied terms of informal agreements. Read more …
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In Allergan v Self Care, the Full Federal Court overturned a first instancedecision and held that the mark PROTOX, and the phrase “instant Botox® alternative”, are deceptively similar to the mark BOTOX, and therefore use of PROTOX and the phrase constituted trade mark infringement. The Full Court also found that none of the defences relied on by …
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