The State Intellectual Property Office of the People’s Republic of China (SIPO) have commenced a Patent Prosecution Highway (PPH) pilot program with the United States Patent and Trademark Office (USPTO) and the Japanese Patent Office (JPO).
The Australian Government has vehemently rejected an absolute ban on the patenting of genes and other biological materials.
As noted previously, the decision in Austal Ships v Stena regarding the evidentiary onus placed on an opponent has made establishing lack of inventive step as part of a patent opposition very difficult. However, the recent decision in Aspirating IP Limited v Vision Systems Limited [2010] FCA 1061 appears to have breathed new life into …
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IP Australia is currently implementing changes to the way in which it handles divisional patent applications. The intention of the changes is to reduce delays in achieving resolution (acceptance or refusal) of divisional applications.
The U.S. Supreme Court today handed down its much awaited Bilski v Kappos decision. The decision is available here [PDF]. Bilski’s patent application was directed to the management of fixed bill energy contracts, in which consumers pay monthly prices for their future energy consumption in advance of winter based on their past energy use. The …
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The Patents Bill will be re-introduced to the New Zealand Parliament today for its Second Reading. The Report of the Commerce Committee dated 30 March 2010, which includes recommended amendments to the Patents Bill will be debated and voted on by the House of Representatives. If the Bill receives its Second Reading, it will go …
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In Richwood Creek Pty Ltd v Williams [2010] FCA 196 the Federal Court has reversed a decision of the Patent Office to uphold a patent opposition. The opposition was decided on the ground that the patent applicant alone was not entitled to the grant of a patent. Spender J disagreed that one of the inventors’ …
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In November 2009 the Australia Government introduced legislation implementing the Agreement between Australia and New Zealand on Trans-Tasman Court Proceedings and Regulatory Enforcement. The Trans-Tasman Proceedings Bill 2010 was passed by both Houses of the Australian Parliament and is now awaiting Royal Assent. The New Zealand Government introduced parallel legislation on 24 November 2009. The …
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The decision of Bennett J in Inverness Medical Switzerland GmbH v MDS Diagnostics Pty Limited [2010] FCA 108 highlights the importance of expert witnesses being truly representative of the hypothetical person skilled in the art. Inverness relied on the evidence of Boscato, “a person who works at a bench in a laboratory rather than being …
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The High Court today refused the application by Sanofi-Aventis for special leave to appeal the decision of the Full Federal Court in Apotex Pty Ltd v Sanofi-Aventis [2009] FCAFC 134, meaning the decision of that court stands.
