The law relating to the patentability of computer-implemented inventions is beginning to look settled in Australia following Commissioner of Patents v Rokt Pte Ltd (Rokt)[1]. The Full Federal Court in Rokt has reversed a curious decision of the primary judge in favour of a digital advertising method being patentable subject matter. In upholding the Commissioner’s …
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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 June 2020. By way of reminder, extension of time is available to extend most Patents, Trade Marks, and Designs deadlines for up to three months, and is: …
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As we reported last year, IP Australia sought input on proposed changes to the Designs Act 2003. Following a consultation in late 2019, IP Australia now propose to release an exposure draft of a proposed Bill and supporting regulations later in 2020 to: introduce a grace period with prior use defence (presently, there is no grace period …
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COVID-19 has affected many aspects of conventional life and business and the European Patent Office (EPO) is no exception as social distancing requirements have recently resulted in a decision that all Oral Proceedings before the EPO’s examining divisions are to be held via video conference (VC). While VC facilities have been available to the EPO …
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In the rush to file a trade mark application, it is important not to overlook the issue of copyright ownership where a mark includes an artistic work such as a logo. In Mia Nathan-Joyce[1], the Assistant Commissioner upheld the trade mark examiner’s objection to registration of a logo trade mark on the basis that its …
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We’re proud to announce that a number of POF attorneys have been named among this year’s IP Stars in the 2020 MIP IP Stars awards. This year our Patent Stars were Managing Partner Ross McFarlane, Partners Dr Edwin Patterson and Alyssa Telfer, and Special Counsel Saskia Jahn. Additionally, Partners Russell Waters and Michael O’Donnell have …
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On 22 April 2020, IP Australia introduced a new streamlined process for extension of time requests for Applicants impacted by COVID-19. The new extension of time is available to extend most Patents, Trade Marks, and Designs deadlines for up to three months, and is: Free of charge – associated fees will be waived or refunded; and Only …
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The Full Federal Court has dismissed the patent applicant’s appeal in Watson v The Commissioner of Patents[1]. We wrote about the judgment which was the subject of this appeal here. The decision upheld a finding that a method by which an organisation engages with an innovation service provider to innovate is not a patentable invention …
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The Federal Court of Australia recently overturned a decision by the Commissioner of Patents whilst clarifying the test for determining whether an amendment to a complete specification is allowable (Commonwealth Scientific and Industrial Research Organisation v BASF Plant Science GmbH [2020] FCA 328). In doing so, the Federal Court concluded that the approach taken under …
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IP Australia – Business as usual It is still business as usual at IP Australia. However, changes have been made to in person services in wake of COVID-19 restrictions such as hearings and in person payment/ lodgement. Most IP Australia personnel are now working from home. The latest update from 1 April 2020 is reproduced …
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