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 …
>> Read more
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 …
>> Read more
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 …
>> Read more
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 …
>> Read more
The Priority Allocation period for registering .au domain names will soon be closing, with existing holders of .com.au or .net.au domain names having until 20 September 2022 to apply for their corresponding .au domain name. Post 20 September 2022, .au domains will be available for anyone to register provided they meet the eligibility criteria. What …
>> Read more
The United States Golf Association (USGA) has been left to green and bear a decision from the Australian Trade Marks Office. The Office ruled that its Australian trade mark application for HANDICAP INDEX was not up to par, with the term found not to be capable of distinguishing USGA’s claimed services, “handicapping for sporting events, …
>> Read more
In a surprising turn of events, the High Court has handed down an evenly split decision in the highly anticipated case Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents[1]. This was the first time that Australia’s apex court has considered the issue of patentable subject matter for computer implemented inventions. In 2010, the Australian …
>> Read more
Today the High Court of Australia dismissed an appeal from the decision of the Full Court in Commissioner of Patents v Aristocrat Technologies Australia Pty Ltd [2021] FCAFC 202 as reported earlier here. The earlier decision concerned whether Aristocrat’s patent claim for a system and method for providing a feature game to be played on …
>> Read more
Monster Energy Company and its wholly owned subsidiary Reign Beverage Company LLC, (collectively, the Opponents) opposed an application for a device mark in the name of Cheng Shin Rubber co., Ltd. The opposed application was in relation to tires and tire tubes for vehicles, as well as a broad range of other vehicle-related goods.[1] The …
>> Read more
A Melbourne restaurant owner recently found out the fine line between inspiration and copying or passing off. You may have recently read about Kanye West writing a cease and desist letter to a suburban Melbourne hamburger restaurant called “College Dropout Burgers”. Mark Elkhouri had been inspired by Kanye and his music when setting up his …
>> Read more
