Full Court confirms relevant regulatory approval date for PTE

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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Federal Budget delivers Patent Box Scheme expansion

The 2022-23 Federal Budget, delivered by Treasurer Josh Frydenberg last night, has provided further incentives to Australian innovators. Pleasingly, the Government has expanded the Patent Box Scheme to agricultural and low emissions technology sectors. The expansion is notable in that, despite significant industry advocacy to extend the Patent Box Scheme to these industries, the bill …
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Intellectual property in a time of war

You may have heard or seen recent media coverage regarding a decision by the Russian government that Russian companies are no longer obliged to compensate owners of patent and design rights where the owners are from ‘unfriendly countries’. Similarly, with the withdrawal of McDonalds from Russia, a fast food chain called ‘Uncle Vanya’ is poised …
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Designs Amendment Act 2021 enters play

The Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 (Act) has now come into force. In broad terms, the Act is intended to provide greater flexibility for designers during the early stages of seeking design protection. It also seeks to clarify and simplify aspects of the designs system. Some noted key features of the Act …
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Vale Graham Cowin

It is with great sadness that we advise that our former Managing Partner, Graham Cowin, passed away suddenly last weekend. Graham’s career commenced as an Examiner of Patents with the Australian Patents Office.  He became a registered Patent Attorney in 1978 after joining Phillips Ormonde Fitzpatrick in 1975. Ten years later he became a partner with the firm, …
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Perplexing, polarising and a collective delusion: NFT’s are back in the spotlight again

NFT’s are once again colliding with existing legal frameworks governing intellectual property ownership, and from the outset it appears as though NFT’s are facing an uphill battle. This once again highlights the importance of understanding the laws governing intellectual property ownership and the associated rights.  Hermès Birkin vs MetaBirkins Hermès International (Hermès) has recently filed …
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High Court grants special leave to Aristocrat for patentability of computer implemented inventions

Big news for patentability of computer implemented inventions in Australia: The High Court has granted special leave to appeal the decision in The Commissioner of Patents v Aristocrat Technologies Australia Pty Ltd [2021] FCAFC 202. Successful special leave applications are relatively rare, as the High Court must be satisfied the appeal involves a question of …
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Appeal powers for International Registrations Designating Australia (IRDAs) considered.

Decisions of the Registrar of Trade Marks regarding International Registrations designating Australia (IRDAs) can be appealed to the Federal Court, and the Court has the same powers in relation to IRDAs as it has for national applications. In Gen-Probe Incorporated v Beckman Coulter, Inc [2022] FCA 194, Gen-Probe had designated Australia in their IR for …
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