A recent decision by the Australian Designs Office highlights an important issue for any third party considering filing a request for revocation of an Australian design registration on grounds relating to entitled persons under s 51 of the Australian Designs Act. In Lyons Airconditioning Services v Kedron Caravans[1], Lyons sought to have design registration no. …
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The future looks grim for Australia’s patent box tax regime. The previous Liberal government announced a patent box regime for Australia in the May 2021 budget, to provide concessional tax treatment for income derived from exploiting a medical or biotechnology patent (and subsequently agricultural and low emissions patents). Following industry consultation, The Treasury Laws Amendment …
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Phillips Ormonde Fitzpatrick is pleased to announce the strengthening of its Trade Marks practice team with the acquisition of NSW-based IP firm, Brand Haven. Brand Haven will be fully integrated into Phillips Ormonde Fitzpatrick. Director and Principal of Brand Haven, Philip Macken, will be joining Phillips Ormonde Fitzpatrick on 1 November as Special Counsel. Phil …
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By Dr James Burnley and Dr Annabella Newton The 2022 Nobel Prize for Chemistry has been awarded to Carolyn Bertozzi, Morten Meldal and K. Barry Sharpless “for the development of click chemistry and bioorthogonal chemistry”. The ethos of this chemistry was summarized in a seminal publication in the early noughties. It is fair to say …
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Venkat Thandra; Ahmed Farouk Shaaban [2022] APO 65 is yet another manner of manufacture decision in relation to computer related inventions by IP Australia. You can probably guess the outcome, but of note is the approach taken to Hearings at IP Australia where they emanate from an Examiner Objection as well as the time to …
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Ammonia (NH3) is a commodity chemical essential to human civilization. Ammonia-based fertilizers are necessary to produce sufficient food for the world’s population, and ammonia may also play a future role in replacing fossil fuels as a carbon-free fuel or carrier of renewable energy. However, almost all ammonia is still produced as it has been for …
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The Priority Allocation period for registering .au domain names will soon be closing, with existing holders of .com.au or .net.au domain names having until 20 September 2022 to apply for their corresponding .au domain name. Post 20 September 2022, .au domains will be available for anyone to register provided they meet the eligibility criteria. What …
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The United States Golf Association (USGA) has been left to green and bear a decision from the Australian Trade Marks Office. The Office ruled that its Australian trade mark application for HANDICAP INDEX was not up to par, with the term found not to be capable of distinguishing USGA’s claimed services, “handicapping for sporting events, …
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In a surprising turn of events, the High Court has handed down an evenly split decision in the highly anticipated case Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents[1]. This was the first time that Australia’s apex court has considered the issue of patentable subject matter for computer implemented inventions. In 2010, the Australian …
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Today the High Court of Australia dismissed an appeal from the decision of the Full Court in Commissioner of Patents v Aristocrat Technologies Australia Pty Ltd [2021] FCAFC 202 as reported earlier here. The earlier decision concerned whether Aristocrat’s patent claim for a system and method for providing a feature game to be played on …
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