Innovation patent system to be abolished: results of the Productivity Commission inquiry

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The Australian Government recently released its response to the Productivity Commission’s (PC) inquiry into Australia’s intellectual property (IP) system. These recommendations include the significant change of abolishing Australia’s innovation patent system, further raising of the bar on the inventive step threshold for patents, and the replacement of existing exceptions to copyright infringement. Abolishment of the …
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2017 APAA Annual Council Meeting

This week, Auckland, New Zealand, played host to the annual council meeting of the Asian Patent Attorneys Association (APAA). The principal objective of APAA is to promote and enhance intellectual property protection throughout the Asia region. The association includes approximately 2,400 members across 20 countries such as Australia, United States, United Kingdom, Japan, Singapore and …
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Proud sponsor of the Graeme Clark Oration

Yesterday marked the 2017 Graeme Clark Oration, of which POF is very proud to be a long-time sponsor. The Oration informs the community about scientific advances in health and medical research, delivered by recognised global leaders in their field. This year the Oration was delivered by Dr Harold Varmus and focussed on ’Transitions in Cancer …
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IP Australia takes first steps to abolish the innovation patent system

On 23 October 2017, IP Australia released draft legislation for public comment  which includes measures to implement aspects of the Australian Government response to the Productivity Commission’s inquiry into Australia’s IP system (reported here). Both the Productivity Commission and the former Advisory Council on Intellectual Property had recommended that the innovation patent system be abolished, …
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POF hosts AIRG roundtable discussion on innovation in the 21st century

This week, POF hosted the latest roundtable discussion organised by the Australian Innovation Research Group (AIRG). AIRG supports its members by creating opportunities for collaboration and facilitating peer-to-peer mentoring, allowing members to learn from companies similar and different to their own. The series of roundtable discussions are think tanks that provide an opportunity to discuss …
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IP Australia opens public consultation on proposed law changes

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IP Australia have opened public consultation on five IP policy matters. Four of these policy matters form part of IP Australia’s proposed implementation of the Government’s response to the Productivity Commission’s 2016 Report on Intellectual Property Arrangements.  The remaining paper relates to a trade marks issue. IP Australia is proposing to introduce the legislative changes …
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Virtual marking – you’re on notice to try it

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In many jurisdictions, damages as a remedy for infringement are not available or are reduced where the infringer proves they were an ‘innocent infringer’.  An ‘innocent infringer’ is not aware of the existence of a registered IP right at the time of the infringement and had no reasonable grounds for supposing that the subject matter …
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Australian Government supports phasing out of the innovation patent system

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Today the Australian Government released its response to the Productivity Commission’s inquiry into Australia’s IP system.  Both the Productivity Commission and the former Advisory Council on Intellectual Property had recommended that the innovation patent system be abolished, a recommendation that the Australian government has supported. An innovation patent requires a lower level of innovation than …
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Australian Government responds to the Productivity Commission’s inquiry into Australia’s IP system

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The Australian Government has released its response to the Productivity Commission’s inquiry into Australia’s IP system.  The report may be found here. The Government has made a number of recommendations across Australia’s intellectual property system.  While the implementation of the recommendations will be some time away, some dramatic changes are proposed.   Perhaps the most significant …
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Federal Court denies patent term extensions for Swiss type claims

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A Full Bench of the Federal Court of Australia has overturned an earlier decision of the Administrative Appeals Tribunal (AATA) and ruled that Swiss-style claims relating to pharmaceutical substances produced using recombinant DNA technology are not eligible for patent term extension. The decision in Commissioner of Patents v AbbVie Biotechnology Ltd[1] relates to three Patents …
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