A sure footing confirmed for obvious mistakes in patent specifications

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A recent decision[1] of the Federal Court has confirmed the requirements for amending a patent specification to rectify a clerical error or obvious mistake and provided a timely reminder of the importance of reviewing a patent before commencing proceedings. The amendment application was made during proceedings commenced by Surefoot IP Holdings Pty Ltd (Surefoot) against …
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Patent Box legislation introduced into Federal Parliament

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Following the Federal Budget announcement in May 2021 (previously reported here), the Government has now introduced legislation to create Australia’s first Patent Box, and help Australian companies to commercialise medical and biotechnology innovation. The Treasury Laws Amendment (Tax Concession for Australian Medical Innovations) Bill 2022 was introduced into the House of Representatives on 10 February …
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Another One Bites the Dust – Patent Application Naming AI Machine DABUS as Inventor Refused in New Zealand

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Last year, patent applications filed by Dr Stephen Thaler naming an artificial intelligence known as ‘Device for Autonomous Bootstrapping of Unified Sentience‘ (DABUS) as the inventor made news headlines around the world. As reported earlier, in a surprising move the Australian Federal Court recognised DABUS as an inventor. This decision is currently on appeal. In …
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Could the High Court put a new spin on an old law for the patentability of Computer Implemented Inventions?

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2022 could be shaping up to be a big year for the Commissioner of Patents regarding patent-eligibility of software in Australia, depending on the High Court. There are now two Special Leave applications on foot at the High Court of Australia from two recent Full Federal Court of Australia judgments. Aristocrat filed a Special Leave …
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POF welcomes new associate, Dr Jessica Chadbourne

Phillips Ormonde Fitzpatrick extends a warm welcome to our new associate, Dr Jessica Chadbourne, who has recently joined our Chemistry and Life Sciences team in our Sydney office. Jessica is a PhD qualified chemist with a passion for working with inventors and innovators across the chemical sciences landscape. Jessica has experience across the full spectrum …
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