Clik here to view.
Innovation patents – further chance to protest
IP Australia is seeking comments on how the innovation patent system is working. Since 2001, Australia grants 2 types of patent: the standard patent with a normal term of 20 years and an innovation...
View ArticleClik here to view.
Patents, copyright and competition
Judge Posner, one of the authors of the leading modern text on the economics of intellectual property (amongst many other things), has published a controversial blog post questioning whether patents...
View ArticleClik here to view.
Tobacco Plain Packaging reasons
Having previously announced the conclusion that the Tobacco Plain Packaging laws were valid, today the High Court published their reasons. 6 of the judges, Heydon J dissenting, ruled that s 51(xxxi)...
View ArticleClik here to view.
2nd tranche of Raising the Bar draft regulations
IP Australia today released the second tranche of exposure draft regulations implementing the Intellectual Property Laws Amendment (Raising the Bar) Act 2012. This tranche deals with schedule 3...
View ArticleClik here to view.
Raising the bar reg.s 2.2
Dr Summerfield has updated his marked up version of the reg.s to reflect the second tranche of the exposure draft regulations, here. He also draws attention to the shortening time frames the exposure...
View ArticleClik here to view.
Access to affordable medicines or new review of pharmaceutical patents
The Parliamentary Secretary for Industry and Innovation, Mark Dreyfus, has appointed a panel to review the patenting of pharmaceuticals in Australia. According to the Terms of Reference, the review:...
View ArticleClik here to view.
Parmaceutical Patents Review
Last month, the Parliamentary Secretary for Industry and Innovation, Mark Dreyfus, has appointed a panel to review the patenting of pharmaceuticals in Australia. Now the Panel have published a...
View ArticleClik here to view.
Productivity Commission on Compulsory Licensing: Draft Report
The Productivity Commission has released its draft Report on Compulsory Licensing of Patents. There are 10 chapters and 4 appendices. The main (draft) recommendations at this stage are the repeal of s...
View ArticleClik here to view.
Raising the Bar update
Following the conclusion of consultations about the draft Intellectual Property Legislation Amendment Regulations (the regulations to implement the “Raising the Bar” amendments), IP Australia has...
View ArticleClik here to view.
Property in the proceeds of infringement
In a decision which no doubt has some further distance to run, Newey J (sitting in the Chancery Division of the High Court in England) has ruled that the owner of copyright does not have a proprietary...
View ArticleClik here to view.
Business method patents: Federal Court retreating?
Emmett J has dismissed Research Associates’ appeal from the Commissioner’s rejection of an attempt to patent a method for calculating an Index for using in financial investing. Claim 1 was for: A...
View ArticleClik here to view.
Myriad wins Down Under
Nicholas J has ruled that Myriad’s patent for isolated gene sequences relating to BRCA1 are patentable subject matter for the purposes of Australia’s Patents Act 1990. Claim 1 of the Patent (No. 686004...
View ArticleClik here to view.
Pharmaceutical Patents Review
The Commonwealth Government’s Pharmaceutical Patents Review has published a draft report. The draft Report is some 200 or so pages long; contains 4 draft findings and 15 draft recommendations (although...
View ArticleClik here to view.
Did the Earth move for you too?
Most of the substantive Raising the Bar amendments came into force today. Amongst other things, schedule 1 of the Raising the Bar Act introduced a raft of changes designed to raise the threshold of...
View ArticleClik here to view.
Oh won’t you stay …
The patent war over escitalopram in Australia is still going! One aspect of the Alphapharm / Lundbeck case I had forgotten (if I appreciated it at the time) was that Lindgren J quashed the extension of...
View ArticleClik here to view.
Another IP amendment bill
The Intellectual Property Laws Amendment Bill 2013 was introduced into Parliament today. The changes include: amendments to the Crown use provisions in the Patents Act to ensure they apply where the...
View ArticleClik here to view.
Compulsory Licensing of Patents – Productivity Commission
The Productivity Commission’s report on Compulsory Licensing of Patents has been published. One key recommendation is to replace the compulsory licence provisions in the s 133 of the Patents Act with a...
View ArticleClik here to view.
US Supreme Court invalidates isolated gene patent
but permits synthetic versions: Association for Molecular Pathology v. Myriad (2013) Read more at Patently-O here and here The appeal from Cancer Voices in Australia is still pending. Share on Facebook
View ArticleClik here to view.
Another designs case
Well, a patents and designs case, but really it’s a case about entitlement: Kenny J has upheld the validity of patents and registered designs for “beer taps” which one company in the Fosters group –...
View ArticleClik here to view.
Patent trolls
are in the news. The This American Life podcast did a fascinating exposé on Intellectual Ventures, including that good old Current Affair/Today Tonight ambush attempt. But seriously: According to the...
View Article
