Object statements are typically included in the body of a patent specification to provide support for the inventive step thought to have been made. However, such statements can also have significant implications on the interpretation and validity of the claims of a patent as was starkly illustrated in the decision of Greenwood J in Uniline Australia …
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The Full Federal Court decision in PAC Mining Pty Ltd v Esco Corporation[2009] FCAFC 18 highlights the care which must be taken in preparing evidence on the question of obviousness and the consequences of inappropriately instructing expert witnesses.
The Korean Intellectual Property Office (KIPO) has officially become an International Searching Authority and International Preliminary Examining Authority for Australian applicants filing under the Patent Cooperation Treaty (PCT). From 1 March 2009, under an arrangement between IP Australia and KIPO, Australian applicants can choose to nominate KIPO or IP Australia to conduct international search and …
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Managing IP magazine’s Asia editor Peter Ollier will conduct a live online interview with IP Australia Director General Philip Noonan on Friday 6 March at 4pm Sydney time. Registration for this event is free. The one-hour interview will cover topics such as the recommendations in Terry Cutler’s venturousaustralia report, innovative step and inventive step in Australia’s patent …
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Decisions of the Commissioner (Hearings Decisions) are now available online and can be accessed via the IPONZ website. Search facilities include: The ability to search for key words across multiple decisions Ability to download the decisions in document (RTF) format Improved indexing of decisions by year and descriptions of opposition and parties Links where applicable to …
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Senator Kim Carr, Minister for Innovation, Industry, Science and Research, has announced a new Chair and four new appointments to the Advisory Council on Intellectual Property (ACIP). ACIP provides an important advisory service to the Government and undertakes independent reviews of key intellectual property issues. The new council chair is Mr Leon Allen and the …
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Australia has joined the Singapore Treaty on the Law of Trademarks and the Patent Law Treaty and has signed a new Agreement to continue its role as an International Searching Authority (ISA) and an International Preliminary Examining Authority (IPEA) until 2017.
The Senate Community Affairs Committee is inquiring on the impact of the granting of patents in Australia over human and microbial genes and non-coding sequences, proteins, and their derivatives, including those materials in an isolated form. Written submissions are invited by 19 March 2009.
G.D. Searle LLC applied for an extension of term based on the substance darunavir. Another substance (known as amprenavir), which was within the scope of the claims of the Seale’s patent, had an earlier inclusion in the Australian Register of Therapeutic Goods (ARTG). The Delegate held that Searle’s application did not comply with section 71 …
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The Full Court of the Federal Court has overturned the decision of Jessup J in Sherman v Commissioner of Patents [2008] FCA 1026. The Full Court was not persuaded that s160(a) of the Patents Act, which provides that on hearing an appeal against a decision of the Commissioner, the Federal Court may admit further evidence …
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