Innovations in the Semiconductor Industry: An Australian Perspective
Patent filing trends show that semiconductor-related patent activities in Australia are concentrated in specialist applications, namely, photovoltaics (PV) and quantum technologies.
High Court Puts Case To Bed
Phillips Ormonde Fitzpatrick Lawyers has successfully represented long-standing client, Bed Bath ‘N’ Table Pty Ltd (BBNT) in its appeal to the High Court of Australia as part of its long running dispute with Global Retail Brands Australia Pty Ltd (GBRA) following the launch of its House BED & BATH business.
FemTech Needs Better IP Support
Australia’s FemTech industry is rapidly growing and like any technology based on research, development and innovation, it is important for founders to give early consideration to the IP implications of their work.
Australian Patent Term Extensions Narrowed: Full Federal Court Rules Formulation Claims Ineligible
In Otsuka Pharmaceutical Co Ltd v Sun Pharma ANZ Pty Ltd [2025] FCAFC 161[1], the Full Federal Court has confirmed that Australian patent term extensions (PTE) apply only to patents claiming an active pharmaceutical ingredient (API) per se. Formulation claims no longer qualify.
Update to Australia’s Trade Mark Regulations
Australian trade mark practitioners should be aware of some changes to the Trade Mark Regulations 1995 which are effective before the end of 2025.
When a Patent Misses the Mark: Lessons from Australia’s Landmark FemTech Case
The decision in EIS v LELO Oceania underscores the importance of clear definitions, reproducible testing parameters, and credible experimental support in the context of FemTech inventions – particularly where biological interfaces are involved.
Advance in Computer Technology Not Required: A Win for Computer Implemented Inventions in Australia
Three years ago, the High Court’s equal division in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29 (reported here) left Australia without binding guidance on the patentability of computer implemented inventions.
Trade Mark Clearance: A Cautionary Tale For Brand Expansion
Brand owners seeking to expand their product offerings should conduct thorough trade mark searches to ensure their marks are clear for use in new categories.
Lawyers Still Debating the Law on Novelty – What’s New about That?
In the recent decision of Dyno Nobel v Orica Explosives, Justice Downs needed to decide the correct date at which the disclosure of a novelty citation is assessed-the date of publication of the citation or the priority date of the patent in issue.
A Close Call for Medicinal Chemists!
Fresh off the press from the UK Court of Appeal is a decision concerning the pharmaceutical drug Xtandi (Enzalutamide). Xtandi is indicated in various oncology treatments in Australia and is listed at number 19 the of top 200 selling pharmaceuticals by retail in 2024.