Insights | Phillips Ormonde Fitzpatrick

FEATURED INSIGHT

Design distinctiveness a matter of perspective

A recent Australian Designs Office decision shows how limited views in a citation may affect the assessment of design distinctiveness in Australia.

Beyond the formulation – Protecting the performance behind aerospace materials

As aircraft and spacecraft are expected to operate for longer, under increasingly demanding thermal, chemical and mechanical conditions, aerospace materials must continue to evolve.

Dr Marianne Repacholi

4 September 2026

Not so Good, Not so Different – Aldi’s Designs weren’t different enough from Little Bellies

The Full Court held that the trial judge got it wrong, but still held Aldi infringed Little Bellies copyright in a number of its snack packaging designs.

Malcolm Bell

2 September 2026

On Cloud(s) nine? “CYCLONIC” trade mark application spins out

The Federal Court’s decision in On Clouds v Cyclonic considers the de novo nature of trade mark appeals in Australia and finds CYCLONIC and CYCLON deceptively similar.

Stefan Ladd

31 August 2026

Stopped Short of Estoppel: Orikan v VMS (No 2)

A recent Federal Court decision confirms that findings made in patent opposition proceedings may prevent the same issues being raised in later revocation proceedings.

Chris Schlicht

27 August 2026

How ‘Patentable’ are software-based Aerospace Inventions in Australia?

Patenting software-based aerospace inventions in Australia is not always straightforward. Not every valuable aerospace innovation will be eligible for patent protection in Australia.

Mark Williams

26 August 2026

Lisa Neilson Elevated to Principal at Phillips Ormonde Fitzpatrick

Lisa has been a member of the Phillips Ormonde Fitzpatrick Sydney Trade Marks team since 2024 when she joined as a Senior Associate. Lisa provides advice to local and overseas clients on a wide range of contentious and non-contentious matters.

Chris Schlicht

1 July 2026

Australia’s Quantum Opportunity May Be Broader than Quantum Computing

Quantum technologies are often understood as being synonymous with quantum computing. In a set of recently announced Executive Orders, the United States has sought to accelerate quantum computing, sensing, networking and post-quantum cybersecurity.

Dr Winney Yang

1 July 2026

The Beginning of the End for 1953 Act Divisionals in New Zealand

A higher threshold for patentability and the imposition of a five-year time limit for requesting examination were introduced when the New Zealand Patents Act 2013 replaced the Patents Act 1953.

Nic Bouverie

24 June 2026

When Are Directors Personally Liable for IP Infringement?

Pursuing allegations of IP rights infringement against a company director, in addition to the company, can significantly impact the conduct and resolution of the dispute. Substantially more pressure may be placed on the alleged infringing parties. If proceedings are commenced, the director may have to be represented separately to the company if the interests of the two parties do not align.

Chris Schlicht

19 June 2026