Having a trade mark registration is important in protecting your IP rights, however the mark’s reputation may not always assist you in enforcing it against others. In circumstances where a mark does have a significant reputation behind it, actions for passing off and breach of the Australian Consumer Law may form an important part of …
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The law relating to manner of manufacture in the context of computer implemented inventions continues to be controversial in Australia. On 12 December 2018, the Federal Court of Australia overturned a rejection by the Commissioner of Patents of a patent application directed to a computer implemented invention in Rokt Pte Ltd v Commissioner of Patents …
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The IP5 Offices’ third Collaborative Search & Examination pilot program, which launched on 1 July 2018, is now well underway. As we’ve previously reported, the pilot program is an exciting initiative that has the potential to provide PCT applicants with more globally focused insight into the patentability of their invention at a very early stage …
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On 24 February 2019, a suite of changes to key IP legislation came into effect, pursuant to the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018. This Act amends the Trade Marks, Patents, Designs and Plant Breeder’s Rights Acts. Rights holders are cautioned that additional damages are now available …
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We’re proud to announce that POF has been shortlisted for both Patent and Trade Mark Prosecution Firm of the Year in this year’s Managing Intellectual Property (MIP) Stars awards. POF also ranked Tier 1 for Trade Mark Prosecution, for the sixth year in a row. The winners of the awards will be announced on 20 March …
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Phillips Ormonde Fitzpatrick is delighted to welcome our newest Senior Associate, Matthew Ford, who has recently joined the Electronics, Physics and IT (EPIT) Team in our Sydney office. Matthew has a first class honours degree in physics, majoring in photonics and has over 10 years of experience in the IP field. He practices in the …
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A recent decision of the Australian Patent Office[1] exemplified a set of circumstances which failed to satisfy the extension of time provisions under section 223 of the Australian Patents Act. This Decision highlights the importance of formulating evidence so as to demonstrate the occurrence of the error or omission at the relevant time, lest the circumstances …
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We are pleased to announce that POF has once again been listed as Tier 1 in ‘Prosecution and Strategy’ in the World Trademark Review 1000 (WTR) for 2019. The WTR is a globally renowned guide that shines a spotlight on firms and individuals that are deemed outstanding in trade mark development, prosecution and enforcement. Firms …
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In late December 2018, ICT patent applicants and their attorneys received a “Christmas bonus” in the form of the Federal Court judgment in Rokt Pty Ltd v Commissioner of Patents [2018] FCA 1988 (Rokt). The Court held that a digital advertising system and method (previously rejected by the Commissioner of Patents) was indeed patentable subject …
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We’re proud to announce that POF has been named Lexology’s exclusive ‘Thought Leader’ for IP in Australasia, recognizing the performance of Inspired – the POF Blog throughout Q4 of 2018! Lexology’s awards are chosen by measuring the number of reads, and the overall readership score that Lexology assigns to each article in that quarter. This …
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