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



It is envisioned that
the isolation hood
may ultimately be
used on commercial
flights to prevent
or reduce the spread
of infection onboard
an aircraft.

CSIRO developing
technologies and solutions
in response to COVID-19
One example technology is
a new isolation hood device
developed by CSIRO to reduce
the risk of infectious particle
transmission between individuals
in close proximity (Figure 1).

It is envisioned that the isolation
hood may ultimately be used on
commercial flights to prevent or
reduce the spread of infection
onboard an aircraft. The hood
might also be used to isolate
infected hospital patients or to
help protect vulnerable hospital
patients from infection (Figure 2).

In contrast to some existing isolation
devices such as sealed face masks
or air-tight suits, the CSIRO isolation
hood is configured to provide a
more comfortable experience for the
individual(s). The hood includes a
partially open configuration enabling
a wearer to reach inside the hood,
if necessary. The hood may also
be large enough to enable a wearer
to eat a meal onboard an aircraft
or to isolate an entire restaurant
table from adjacent tables.

Working with our Patent Attorneys,
CSIRO recently filed a patent
application for the novel aspects
of the device. In particular, the
performance of an opening at
the edge of the device which
is configured to limit potentially
infectious air from entering the hood
and also limit potentially infectious
air from escaping the hood, in the
event that the wearer was infected.

CSIRO is now looking for
opportunities to partner
with manufacturers and
end users in scaling up and
using this technology.

Figure 1
Figure 2
3 Figure 3
Duncan Joiner | Senior Associate
BAeroEng (Hons) LLB (Hons), LLM (IP)
duncan.joiner@pof.com.au Inspire October 2020
The Commonwealth Scientific and Industrial
Research Organisation (CSIRO) is urgently
investigating and developing new technologies
aimed at limiting the spread of COVID-19 infection.