Further to our blog post in September on the future of the innovation patent, the Intellectual Property Laws Amendment Bill (Productivity Commission Response Part 2 and Other Measures) (“Part 2 Bill”) passed the Australian Federal Senate on 16 October 2019. The Australian patent system provides for the filing of “standard” and “innovation” patent applications. Innovation …
>> Read more
POF is proud to once again host SBE Australia’s E3 Program (Empower, Evolve, Escalate) at our Melbourne office from 11 October to 29 November 2019. The E3 Program is designed specifically for female entrepreneurs and leaders of technology or life science businesses, equipping them with the skills they require to grow a successful, sustainable and …
>> Read more
On 27 September 2019, Malaysia became the latest country to join the Madrid Protocol which provides for the international registration of trade marks. It became the 106th Member of the Protocol, which now covers 122 countries. Applicants from any of the 106 Members, including Australia, will now be able to file multi-national trade mark applications …
>> Read more
As we recently reported, the judgment in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161 (Encompass) endorsed the earlier Research Affiliates and RPL Central decisions, and the law as it relates to patentable subject matter in Australia (manner of manufacture) in the context of computer implemented inventions (software patents). IP Australia has now advised that the judgment …
>> Read more
In July 2019, IP Australia announced a Bill[1] which phases out the innovation patent system. This Bill is currently being considered by Parliament, marking the start of the legislative process that will likely remove this useful form of patent filing from Australian practice. However, there is still a window in which Innovation patents can be filed, …
>> Read more
POF is thrilled to be involved with the Medical Device Partnering Program (MDPP) as one of their partners and providers of IP services. The MDPP supports the development of new, high-tech medical devices through facilitating collaboration between researchers, industry, end-users and government, and undertaking rapid research projects that demonstrate proof of concept and de-risk ideas. …
>> Read more
On Friday 13 September, the Full Federal Court released its much anticipated decision regarding manner of manufacture in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161, dismissing an appeal from a Federal Court judgment. The expanded bench (5 judges) upheld the primary Judge’s finding that a computer-implemented invention for displaying information was not patentable subject matter. This …
>> Read more
Today, the Full Federal Court dismissed the appeal in Encompass Corporation Pty Ltd v Infotrack Pty Ltd. The appeal has been closely followed by those in the ICT space due to its consideration of the approach to the Manner of Manufacture (patentable subject matter) test in the context of computer implemented inventions. Unusually, this case …
>> Read more
A number of provisions of the Trade Marks Act refer to the concept of “substantially affecting the identity” of a mark. These provisions relate to whether use of an amended mark counts as use of the mark as registered; whether a pending application is “substantially identical” to a prior mark; whether amendment can be made …
>> Read more
