The High Court handed down its decision yesterday in Calidad Pty Ltd & Ors v Seiko Epson Corporation & Anor[1]. Seiko Epson Corporation owns two patents relating to the Epson cartridges, which it manufactures and sells. Once those printer cartridges are sold and used, a third party obtains them and modifies them to be refilled …
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Phillips Ormonde Fitzpatrick extends a warm welcome to our newest patent attorney, Paul Goodall, who has recently joined our Sydney office as a member of our Electronics, Physics and IT team. Paul has seven years experience working in the engineering field. During his career, he has predominately focussed on electronics and telecommunications engineering, working on …
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As noted in our previous blog post, IP Australia introduced a new streamlined process for extension of time requests for Applicants impacted by COVID-19. These arrangements have now been extended until at least 30 November 2020. IP Australia are also allowing a further streamlined COVID-19 extension even if you have previously received an extension. By way of reminder, extension of time is available …
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The High Court of Australia has dismissed an application for special leave to appeal from the Commissioner of Patents v Rokt Pte Ltd 1 of the Full Court of the Federal Court of Australia. As we have previously indicated, the law relating to the patentability of computer-implemented inventions is beginning to look settled in Australia by the decisions in Encompass …
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Congratulations to CSIRO for winning the KCA Best Research Commercialisation Award at today’s KCA digital awards ceremony. CSIRO’s submission was based on being able to quickly and accurately X-ray ore to see how much gold is inside. The system, PhotonAssay, uses high-energy X-rays to increase gold recovery by 1-3%, which is worth $2 billion a …
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IP Australia have recently revised their Manual of Practice and Procedure (known as the Patent Examiners Manual) relating to Manner of Manufacture. The revisions specifically relate to Manner of Manufacture as it applies to computer related inventions. These revisions were made in light of the recent Rokt and Aristocrat judgments, although as at the time of writing both of …
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IP Australia is changing some of their fees to ensure that they continue to recover costs from administering intellectual property rights and their associated legislation. Most of the changes to the fees will commence from 12am AEDT, 1 October 2020. A list of the fee changes can be viewed here. Of interest to patent applicants, …
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We are very pleased to announce that we’ve been recognised as a leading Trade Mark Prosecution firm by Asia IP in their 2020 Trade Mark Survey. This achievement is a great reflection of the dedication and hard work of our Trade Mark attorneys. Asia IP determines their rankings via thousands of corporate counsels worldwide, who …
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In a recent Australian Trade Mark Office decision, Fuji Television Network Inc, owner of the television show IRON CHEF, has failed in its bid to prevent the registration of IRON CHEF in respect of online food deliveries by Iron Chef Pizza Pty Ltd. Iron Chef is a Japanese themed cook-off television show with a cult following. The …
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Last year, IP Australia sought input on proposed changes to the Designs Act 2003. Following a consultation in late 2019, IP Australia have now released an exposure draft of a proposed Bill and supporting regulations for 2020 to: introduce a 12 month grace period with prior use defence. Presently, there is no grace period in Australia for …
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