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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Meghan Markle and Prince Harry’s company, Archewell Audio LLC, has filed a trade mark application for the word ‘ARCHETYPES’ in relation to the podcast that they have been paid to produce by Spotify. The Media, in what seems to be a typical fashion in relation to the ex-Royals, have succeeded in drumming up outrage in …
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The Federal Court has allowed an appeal in Enagic v Horizons on grounds including s 62A of the Trade Marks Act that the application subject to the opposition was filed in ‘bad faith’. The determination of this ground heavily turned not only on the evidence that was submitted, but also evidence that was not submitted …
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The Full Court decision in Vehicle Monitoring Systems v SARB Management Group has given detailed consideration to the notion of “inventive concept” in the context of determining entitlement to an invention. The case relates to Australian Patent Application no. 2013213708 entitled “Vehicle Detection” in the name of SARB. which describes systems and methods for detecting …
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The Full Federal Court[1] has confirmed that the relevant regulatory approval date for requesting a pharmaceutical patent term extension (PTE) is the earliest inclusion in the Australian Register of Therapeutic Goods (ARTG) of any goods which include a pharmaceutical substance which is claimed and disclosed in the patent, regardless of whether those goods belong to …
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