In the rush to file a trade mark application, it is important not to overlook the issue of copyright ownership where a mark includes an artistic work such as a logo. In Mia Nathan-Joyce[1], the Assistant Commissioner upheld the trade mark examiner’s objection to registration of a logo trade mark on the basis that its …
>> Read more
We’re proud to announce that a number of POF attorneys have been named among this year’s IP Stars in the 2020 MIP IP Stars awards. This year our Patent Stars were Managing Partner Ross McFarlane, Partners Dr Edwin Patterson and Alyssa Telfer, and Special Counsel Saskia Jahn. Additionally, Partners Russell Waters and Michael O’Donnell have …
>> Read more
On 22 April 2020, IP Australia introduced a new streamlined process for extension of time requests for Applicants impacted by COVID-19. The new extension of time is available to extend most Patents, Trade Marks, and Designs deadlines for up to three months, and is: Free of charge – associated fees will be waived or refunded; and Only …
>> Read more
The Full Federal Court has dismissed the patent applicant’s appeal in Watson v The Commissioner of Patents[1]. We wrote about the judgment which was the subject of this appeal here. The decision upheld a finding that a method by which an organisation engages with an innovation service provider to innovate is not a patentable invention …
>> Read more
The Federal Court of Australia recently overturned a decision by the Commissioner of Patents whilst clarifying the test for determining whether an amendment to a complete specification is allowable (Commonwealth Scientific and Industrial Research Organisation v BASF Plant Science GmbH [2020] FCA 328). In doing so, the Federal Court concluded that the approach taken under …
>> Read more
IP Australia – Business as usual It is still business as usual at IP Australia. However, changes have been made to in person services in wake of COVID-19 restrictions such as hearings and in person payment/ lodgement. Most IP Australia personnel are now working from home. The latest update from 1 April 2020 is reproduced …
>> Read more
On 22 March 2020 the Papua New Guinea government declared a state of emergency due to the spread of COVID-19. Effective as of 24 March 2020, the Intellectual Property Office of Papua New Guinea will be physically shut for an initial period of 14 days. However, the Office will remain open in a digital capacity, …
>> Read more
Phillips Ormonde Fitzpatrick extends a warm welcome to our newest Senior Associate, Danielle Burns, who has recently joined the Chemistry and Life Sciences team in our Melbourne office. Danielle has extensive experience as a scientist and as a patent attorney with expertise in patent strategy, protection and enforcement in the Biotech sector. She has a …
>> Read more
IP Australia and Intellectual Property Offices of New Zealand (IPONZ) are currently advising that their services are operating as usual. Both IP Offices have also advised that an extension of time is available under the normal extension provisions of the various IP Acts and regulations in Australia and New Zealand. These extension of time requests …
>> Read more
