Important New Zealand Patents Act changes: Micro-Organisms

There appears to be some confusion about whether, under the new New Zealand patent laws, a microorganism deposit receipt needs to be filed within three months from the date of the deposit.  Under the new laws, a microorganism deposit receipt will need to be filed within three months of the date of filing an application …
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Intellectual Property Litigation Round-Up –5 September 2014

An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 5 September 2014. We advise our clients (whether as IP owners or as alleged infringers) and act for them in relation to patent litigation, trade mark litigation, registered design litigation, domain name, plant breeder’s rights, confidential information and copyright litigation.  …
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Full Federal Court Confirms Isolated DNA and RNA are Patentable

In D’Arcy v Myriad Genetics Inc [2014] FCAFC 115, five judges in the Full Federal Court of Australia have unanimously upheld a Federal Court decision that isolated nucleic acid such as isolated DNA and RNA is patentable subject matter in Australia. From our initial review, the Full Federal Court decision sets out not only the …
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Isolated DNA and RNA remain patentable subject matter in Australia

On 4 March 2013, a Notice of Appeal was filed by cancer survivor Yvonne D’Arcy against the decision of Cancer Voices Australia v Myriad Genetics Inc [2013] FCA 65 (“Cancer Voices”), which held that isolated nucleic acid such as isolated DNA and RNA is patentable subject matter in Australia. The Notice of appeal set out a number of …
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Significant changes to New Zealand Patent annuities

On 13 September 2014, changes to New Zealand Patent law come into effect which mean that renewal fees will be payable every year from the 4th anniversary.  This is a significant change from the current law which only requires renewal in the 4th, 7th, 10th and 13th years.  Because the current law permits patentees to …
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