Inspired - The POF blog - Page 3 of 151 - Phillips Ormonde Fitzpatrick

Raising the bar, and the matter of support

July 6, 2023
by Dr Matthew Overett, Principal

Following the 2012 Raising the Bar reforms, Australia’s Patents Act requires that patent claims are supported by matter disclosed in the specification. This means that the description must enable a skilled person to perform the invention across the full breadth of the claim without undue burden, and the claim scope must be commensurate with the …
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POF achieves top ranking for patent prosecution in IAM Patent 1000 2023

June 30, 2023

We are pleased to announce that POF achieved a Tier 1 (Gold) Ranking in the 2023 IAM Patent 1000, citing our tailored and commercially focussed IP services and our Asia Direct filing model as stand-out features of the firm. Many of our attorneys were also individually recognised for their outstanding work. POF Managing Principal Ross McFarlane once again …
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IP Australia proposes modernisation of the designs system

June 21, 2023
by Davin Merritt, Principal

IP Australia is proposing to modernize the Australian designs system to allow design protection for: Products with no physical form, such as icons, interfaces, virtual reality and augmented reality; Partial designs of products made in one piece. As an example, a design for a cup handle would now be capable of being separately registered, even …
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IPONZ has discontinued late payment fees for PCT applications

June 14, 2023
by Adam Pepper, Senior Associate

IPONZ recently published an update advising that they have removed late payment fees for PCT applications where IPONZ is the designated Receiving Office: For new PCT applications from 15 May 2023: We will no longer charge late payment fees for these PCT applications. If the application fees are not paid by the deadline, we will …
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Bid for ‘Champagne’ type trade mark protection for ‘basmati’ hits first bump

June 1, 2023
by Anita Brown, Principal

An Indian government authority is attempting to secure trade mark rights in Australia for the term BASMATI, in a bid to prevent its use for rice grown outside the country. The Agricultural and Processed Food Products Export Development Authority (the Authority), has sought protection for the term as a geographical indication by way of a …
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Ten Years of Raising the Bar – To be or not to be: an intermediate generalisation

May 25, 2023
by Dr Danielle Burns, Principal

According to section 102(1) of the Patents Act 1990 (Cth) as amended by the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth), an Australian patent specification may not be amended in such a way that it contains subject matter which extends beyond the content of the application as filed. The Federal Court of …
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How Carina Biotech is leading Australia’s charge in CAR-T cell therapy

May 24, 2023

Harnessing the body’s own immune system is one of the most exciting ways forward in the ongoing battle against cancer. CAR-T cell therapy, an exciting new form of immunotherapy, has been the focus of our client Carina Biotech since the company’s inception. In February this year, Carina took a large step forward toward the clinic …
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Ten Years of Raising the Bar – Has the bar been raised on patent oppositions?

May 11, 2023
by David Longmuir, Principal

On 15 April 2013, the Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 (No 1) commenced with much fanfare. The RTB regulations made significant changes in relation to patent oppositions, principally with the aim of resolving proceedings faster. The reforms recognised that under the previous regime, opposition proceedings often took several (and sometimes many) …
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Funding boost for startups

May 10, 2023
by David Longmuir, Principal

The Albanese Government’s 2023-24 Budget handed down last night provided a funding boost for startups as part of the Government’s push to invest in key strategic industries. Treasurer Dr Jim Chalmers, recognising Australia’s opportunity for growth and prosperity in the global shift to clean energy, announced a new $392.4 million Industry Growth Program (a better …
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Ten Years of Raising the Bar – The Inventive Step

May 5, 2023
by Adrian Crooks, Principal

The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 made two changes to the inventive step test in Australia. The first was to remove the geographical limitation to the scope of common general knowledge. The second was to remove the requirement that a prior art document be one that would have been “ascertained, understood and …
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