Welcome
Inspire October 2020
As 2020 progresses, the COVID-19
pandemic continues to provide
challenges. However, sometimes
challenges provide a useful opportunity
to look at a problem in a new way.

As Duncan Joiner reports, CSIRO is
taking up the challenge of developing
new technologies aimed at limiting
the spread of COVID-19 infection.

IP Australia to
allow multiple
streamlined COVID-19
extensions of time
IP Australia has introduced
a new streamlined process
for extension of time
requests for Applicants
impacted by COVID-19.

In a client Q+A, Professor John Knight of Ellen Medical
Devices speaks about their breakthrough affordable dialysis
system which has the potential to save millions of lives.

He discusses how IP is supporting their business strategy,
the next steps, and potential investment opportunities.

For POF client Ferrari, ongoing adverse examination
reports in relation to its 488 Pista Spider design registration
necessitated the filing of expert evidence to highlight the
registrability of its new product. While the design was an
evolution of an earlier vehicle, testimony from a third party
with experience in the prestige vehicle industry established
that there were prominent and distinct differences which
would be readily appreciated by the informed user.

Anita Brown highlights the importance of considering the
IP implications of broader commercial strategies. While
there may be sound financial reasons for a business to
have a discreet IP holding company which licenses its
rights to an operating entity, this can have significant
implications for the validity of IP rights, as the decision
in PDP Capital v Grasshopper Ventures illustrates.

The Full Court decision in Mylan v Sun Pharma provides
important clarification in relation to the assessment
of infringement of Swiss-style claims. As David
Longmuir explains, the appeal bench rejected the
approach at trial which gave primacy to the objective
intention of the manufacture of the medicament.

While intention was relevant, it was said to be only
one factor amongst many and not in and of itself
determinative of the infringement question.

Also, in this edition of Inspire, Mark Williams looks
at extensions of time, both for COVID-19 related
delays and to correct an error, and Raffaele Calabrese
reviews the increasingly settled law relating to the
patentability of computer-implemented inventions.

These arrangements have now
been extended until at least
31 October 2020.

In a new development, IP Australia
are also allowing a further streamlined
COVID-19 extension even if you have
previously received an extension.

Until this announcement, only one
streamlined COVID-19 extension
request per case/action was allowable.

By way of reminder, extension of time
is available to extend most Patents,
Trade Marks, and Designs deadlines
for up to three months, and is:
> free of charge – associated fees
will be waived or refunded; and
> only requires the submission of
a simplified request based on
standard text made available by IP
Australia. This differs to standard
extension of time requests that
require a statutory declaration
to be submitted setting out the
circumstances for the extension.

One notable exception is that
the arrangement does not
apply to extensions of time for
payment of renewal fees.

Adrian Crooks, Principal
Mark Williams | Special Counsel
BEng(Civil)(Hons) LLB LLM FIPTA
BCSE(Hons) MIP FIPTA
2 adrian.crooks@pof.com.au
mark.williams@pof.com.au