Australian High Court refuses to hear Rokt software patent appeal

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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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2020 Knowledge Commercialisation Australasia award winners

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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Manner of Manufacture: Coarse patent filter becomes quite the grind

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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 fee hike

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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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POF recognised as a leading Trade Mark Prosecution firm

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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Iron Chef defeated in trade mark cook-off

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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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Flawed mental function saves the day in patent opposition

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In a recent Australian Patent Office decision[1], an extension of time to file a complete Australian patent application was allowed despite a third party opposition.  The delegate of the Commissioner of Patents accepted that flawed mental function by the applicant in misunderstanding advice provided by their patent attorney was the cause of missing the deadline.   Extensions …
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