As we recently reported, the judgment in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161 (Encompass) endorsed the earlier Research Affiliates and RPL Central decisions, and the law as it relates to patentable subject matter in Australia (manner of manufacture) in the context of computer implemented inventions (software patents). IP Australia has now advised that the judgment …
>> Read more
In July 2019, IP Australia announced a Bill[1] which phases out the innovation patent system. This Bill is currently being considered by Parliament, marking the start of the legislative process that will likely remove this useful form of patent filing from Australian practice. However, there is still a window in which Innovation patents can be filed, …
>> Read more
On Friday 13 September, the Full Federal Court released its much anticipated decision regarding manner of manufacture in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161, dismissing an appeal from a Federal Court judgment. The expanded bench (5 judges) upheld the primary Judge’s finding that a computer-implemented invention for displaying information was not patentable subject matter. This …
>> Read more
On Friday 13 September, the Full Federal Court released its much anticipated decision regarding manner of manufacture in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161, dismissing an appeal from a Federal Court judgment. The expanded bench (5 judges) upheld the primary Judge’s finding that a computer-implemented invention for displaying information was not patentable subject matter. This …
>> Read more
Today, the Full Federal Court dismissed the appeal in Encompass Corporation Pty Ltd v Infotrack Pty Ltd. The appeal has been closely followed by those in the ICT space due to its consideration of the approach to the Manner of Manufacture (patentable subject matter) test in the context of computer implemented inventions. Unusually, this case …
>> Read more
A number of provisions of the Trade Marks Act refer to the concept of “substantially affecting the identity” of a mark. These provisions relate to whether use of an amended mark counts as use of the mark as registered; whether a pending application is “substantially identical” to a prior mark; whether amendment can be made …
>> Read more
The patent-eligibility of medical diagnostics in Australia remains unchanged following a recent decision of the Federal Court in Sequenom v Ariosa[i]. While this decision does not change patent eligibility in Australia, it does demonstrate a decisive divergence between Australian and US courts when considering what constitutes a patentable invention. As we have previously reported, in …
>> Read more
The Federal Court has sent a strong message to businesses who mispresent the provenance of art and souvenirs as Australian Indigenous products, recently handing down a $2.3 million fine to one Australian wholesaler. For business owners, this case is a reminder that product claims, including those that go to a product’s provenance, must be able …
>> Read more
IP Australia has just launched its Indigenous Knowledge Consultation Report, which is looking at ways to improve Australia’s IP system in order to promote the cultural integrity and economic potential of Indigenous Knowledge (IK). The Report is the result of consultations with Indigenous Stakeholders on issues such as control, protection, recognition of, and respect for …
>> Read more
JB Hi-Fi has won its battle to retain its Australian trade mark registration for STACK, its popular entertainment news brand, successfully challenging the Trade Mark Registrar’s proposed revocation. The trade mark STACK is used for JB Hi-Fi’s magazine and website, providing news and reviews for games, movies, tv and music[1]. The retailer acquired the unregistered …
>> Read more
