Death of the Trans-Tasman patent application

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Implementation of the single trans-Tasman patent application (Australia and New Zealand) appears to have been terminated through the surprise recommendations of the New Zealand government’s Commerce Committee issued on 13 July 2016. New Zealand government’s Commerce Committee published an updated Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Bill  on 13 July 2016 which recommended …
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Omnibus claims confined to essential features

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Omnibus claims are now effectively prohibited following the Raising the Bar amendments, however a great many patents including such claims have been granted. The Full Federal Court decision,GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser Healthcare (UK) Ltd [2016] FCAFC 90, provides some welcome guidance on how such claims should be construed. At trial, it had …
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Software patents in Australia: where to from here?

In May 2016, The High Court of Australia dismissed an application for special leave to appeal the RPL Central decision1 of the Full Court of the Federal Court of Australia. The Full Federal Court found that RPL Central’s invention was not patentable as it was simply a scheme or idea implemented on a generic computer, …
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Overseas supplier caught by Australian trade mark law

Can an overseas company be sued for infringement of an Australian trade mark even though it engages in no commercial activity in Australia? A recent trade mark case says yes – Playgro Pty Ltd v Playgo Art & Craft Manufactory Limited [2016] FCA 280 (22 March 2016). The Playgo companies were incorporated in Hong Kong …
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Another chapter of the Google Books Copyright dispute – does the US Supreme Court decision affect Australia?

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There have been recent reports of the decision by the U.S. Supreme Court that the Google Books project, which involves digitising books, does not infringe copyright in the United States. Digitising books permits users to search books online as well as download individual pages of books displaying the search result. The decision was based on …
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Keeping patent oppositions moving

The Patent Office remains committed to ensuring that patent opposition proceedings are handled in a manner that resolves opposition disputes quickly and inexpensively, whilst still ensuring the public interests are being met. To this end, the Patent Office is carefully considering requests for extensions of time to file opposition evidence so as to avoid unnecessary delays. Extension requests will be refused where the proper grounds …
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