The recent decision in Zoetis Services LLC v Boehringer Ingelheim Vetmedica GmbH [2022] APO 72 highlights the importance of strict adherence to procedural matters in patent oppositions. In Australian patent oppositions there is a strict procedure for the filing of evidence by the parties. The patent opponent firstly files evidence-in-support of the case as outlined in …
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The High Court of Australia has refused Stephen Thaler’s application for special leave to appeal the Full Court decision[1] that a device characterised as an artificial intelligence machine cannot be considered an ‘inventor’ within the meaning of the Patents Act 1990. Our analysis of the Full Court decision can be found here. As the High …
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The factual situation in Campaigntrack v Real Estate Tool Box is not an uncommon one. Wanting a better software program for its operations, a business enters into an arrangement with a software developer who has experience in that area to develop a new program with reference to a competitor program’s functionality. What was interesting and …
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The Federal Court recently deliberated on a patent infringement and validity dispute between Global Tech Corporation Pty Ltd (Global Tech) and Reflex Instruments Asia Pacific Pty Ltd (Reflex). In arriving at its decision that infringement had occurred, the Court had to consider what technical field the patent belonged to, and then weigh up arguments around …
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A recent decision by the Australian Designs Office highlights an important issue for any third party considering filing a request for revocation of an Australian design registration on grounds relating to entitled persons under s 51 of the Australian Designs Act. In Lyons Airconditioning Services v Kedron Caravans[1], Lyons sought to have design registration no. …
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The future looks grim for Australia’s patent box tax regime. The previous Liberal government announced a patent box regime for Australia in the May 2021 budget, to provide concessional tax treatment for income derived from exploiting a medical or biotechnology patent (and subsequently agricultural and low emissions patents). Following industry consultation, The Treasury Laws Amendment …
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By Dr James Burnley and Dr Annabella Newton The 2022 Nobel Prize for Chemistry has been awarded to Carolyn Bertozzi, Morten Meldal and K. Barry Sharpless “for the development of click chemistry and bioorthogonal chemistry”. The ethos of this chemistry was summarized in a seminal publication in the early noughties. It is fair to say …
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Venkat Thandra; Ahmed Farouk Shaaban [2022] APO 65 is yet another manner of manufacture decision in relation to computer related inventions by IP Australia. You can probably guess the outcome, but of note is the approach taken to Hearings at IP Australia where they emanate from an Examiner Objection as well as the time to …
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Ammonia (NH3) is a commodity chemical essential to human civilization. Ammonia-based fertilizers are necessary to produce sufficient food for the world’s population, and ammonia may also play a future role in replacing fossil fuels as a carbon-free fuel or carrier of renewable energy. However, almost all ammonia is still produced as it has been for …
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