Monash University and Jupiter Ionics seek to turn ammonia green

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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A Cliffhanger with No Sequel – Australia’s Apex Court Divided on Patentable Subject Matter

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 …
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Australia’s Apex Court Divided on Patentable Subject Matter

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 …
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Sign of the times: electronic signatures in the patent system

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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Essential oils are a staple commercial product, says Full Court

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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Full Federal Court says no to AI inventors

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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ACCC to deny authorisation for pharmaceutical patent settlement

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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