We are pleased to announce that POF has been recognised as a Tier 1 (Highly Recommended) firm in the 2022 IAM Patent 1000, applauded for “[having] their customer in their heart and show their genuine interest to help their customer succeed not only in securing the IP protection but also in commercialisation of the IP.”. …
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While Australia does have a form of patent linkage, it is currently a limited system and in practice is not very useful for patentees. There is no patent listing system (equivalent to the US FDA’s Orange Book) in Australia. The current patent linkage system extends only to the requirements asked of companies when they apply …
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The Full Court has unanimously dismissed the appeal in State of Escape Accessories v Schwartz, rejecting the claims against Stefanie Schwartz and Chuchka Pty Ltd for copyright infringement in respect of State of Escape’s well-known perforated neoprene tote bag (the Escape Bag) on the basis that it was not a “work of artistic craftsmanship” under …
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Business is all about relationships, as they say, and as the decision in Watson v Cosmetic Warriors[1] has shown, relationships can impact how a business can defend its trade mark in a non-use removal action. Watson v Cosmetic Warriors was an appeal from a Registrar’s decision[2] to remove a trade mark registration based on non-use …
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Late last year the European Patent Office (EPO) began accepting Qualified Electronic Signatures (QES) attached to electronically filed documents submitted as evidence to support requests for registration of a transfer of rights. The disruptions from COVID-19 showed many of our European clients that they can successfully use qualified signatures as a contactless and secure way …
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As reported earlier, the Full Court recently determined in Commissioner of Patents v Thaler [2022] FCAFC 62 that a device characterized as an artificial intelligence machine cannot be considered an ‘inventor’ within the meaning of the Patents Act 1990. Counsel for Dr Stephen Thaler, the applicant for Australian patent application no. 2019363177 which names an …
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A recent Full Federal Court decision has discussed the meaning of the term “staple commercial product” within the context of patent infringement by supply of an essential oil to customers. The patent related to methods of using an essential oil from the shrub Kunzea ambigua in the treatment of various conditions including influenza, arthritis and …
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Whilst ostensibly designed to be a symbol of gender equality, the “Fearless Girl” statue has largely been mired in controversy and legal proceedings since its installation in New York in 2017. The most recent instalment in the ongoing saga has been the handing down of the recent full Federal Court decision in State Street Global …
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In the latest chapter of the DABUS saga, the Full Federal Court of Australia has determined that a device characterized as an artificial intelligence machine cannot be considered to be an ‘inventor’ in Commissioner of Patents v Thaler [2022] FCAFC 62. Background Dr Stephen Thaler is the applicant for Australian patent application no. 2019363177 naming …
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Historically, licences in relation to intellectual property rights in Australia were shielded from the full force of competition law due to a limited exemption contained in section 51(3) of the Competition and Consumer Act 2010 (Cth). Repeal of this section came into effect on 13 September 2019, with the result that from that date, competition …
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