We are pleased to announce that Phillips Ormonde Fitzpatrick has been recognised as a Diversity Council of Australia (DCA) Inclusive Employer for 2024-2025. This is POF’s second time applying for and receiving inclusive employer recognition after being awarded the status for the first time in 2021 – 2022. To achieve this recognition, POF participated in the …
>> Read more
In mid-2023, IP Australia sought public comments on proposals to expand the Australian registered designs system to allow for the protection of virtual designs, partial designs and incremental designs. A link to our earlier article discussing these proposed changes is provided here. Thirty-six (36) submissions were received by IP Australia from a range of stakeholders, …
>> Read more
IP Australia is changing some of their fees to ensure the costs of administering intellectual property rights are adequately covered. The new fees will come into effect at 12am AEDT, 1 October 2024. A list of the fee changes can be viewed here. One of the most significant updates is to how excess claim fees …
>> Read more
It is well understood that a patentee cannot receive both damages and an account of profits for the same act of infringement of its patent. A choice must be made. However, as happened in the recent decision of Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 5) [2024] FCA 58, a patentee …
>> Read more
Phillips Ormonde Fitzpatrick is thrilled to announce the elevation of Duncan Joiner to be a Principal of the firm. Duncan has been a member of the Phillips Ormonde Fitzpatrick Engineering team for many years and is primarily involved in drafting and prosecuting patent applications in Australia and around the world for both local and international clients. …
>> Read more
What constitutes a ‘scandalous’ trade mark is not set in stone and adapts with society as the decision in Kristopher Preston [2024] ATMO 103 demonstrates. The Trade Marks Act allows an application for a trade mark to be rejected if the trade mark is determined to relate to ‘scandalous matter’[1]. It was under this provision …
>> Read more
Phillips Ormonde Fitzpatrick is grateful to have a team of unique, inspiring and talented individuals. For the past 8 years, we have been led by our Managing Principal, Ross McFarlane, however, it is with mixed emotions that we announce Ross McFarlane’s retirement from Phillips Ormonde Fitzpatrick effective 30 June 2024. Ross began his professional career …
>> Read more
The Trade Mark class headings in Schedule 1 of the Trade Marks Regulations have been amended by the Intellectual Property Laws Amendment (Regulator Performance) Regulations 2024 to conform with the 12th edition of the Nice Classification, an international classification system now used by most countries. Most classes have been affected by the amendments, some in …
>> Read more
29 May 2024 is an important date in the history of patent law as it marks the quadricentennial of the Statute of Monopolies (21 Jas. 1. c. 3). The Statute of Monopolies was passed by the Parliament of England and received royal assent on 29 May 1624. Although the Venetian Patent Statute of 1474 …
>> Read more
At Phillips Ormonde Fitzpatrick, we are deeply committed to fostering a culture of diversity, equity, and inclusion. Our commitment to diversity and inclusion encompasses all aspects of identity, including race, gender, sexual orientation, disability, and more. We believe that embracing diversity not only enriches our firm but also strengthens our ability to make a positive …
>> Read more
