Can an idea to make an obvious improvement be enough for an Inventive Step?

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The Federal Court recently deliberated on a patent infringement and validity dispute between Global Tech Corporation Pty Ltd (Global Tech) and Reflex Instruments Asia Pacific Pty Ltd (Reflex). In arriving at its decision that infringement had occurred, the Court had to consider what technical field the patent belonged to, and then weigh up arguments around …
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Caravan design objection told to hit the road

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A recent decision by the Australian Designs Office highlights an important issue for any third party considering filing a request for revocation of an Australian design registration on grounds relating to entitled persons under s 51 of the Australian Designs Act. In Lyons Airconditioning Services v Kedron Caravans[1], Lyons sought to have design registration no. …
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Patent tax cuts put back in the box

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The future looks grim for Australia’s patent box tax regime. The previous Liberal government announced a patent box regime for Australia in the May 2021 budget, to provide concessional tax treatment for income derived from exploiting a medical or biotechnology patent (and subsequently agricultural and low emissions patents).  Following industry consultation, The Treasury Laws Amendment …
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Click Chemistry wins 2022 Nobel Prize

By Dr James Burnley and Dr Annabella Newton The 2022 Nobel Prize for Chemistry has been awarded to Carolyn Bertozzi, Morten Meldal and K. Barry Sharpless “for the development of click chemistry and bioorthogonal chemistry”. The ethos of this chemistry was summarized in a seminal publication in the early noughties.  It is fair to say …
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Do you want to register a .au domain name?

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The Priority Allocation period for registering .au domain names will soon be closing, with existing holders of .com.au or .net.au domain names having until 20 September 2022 to apply for their corresponding .au domain name. Post 20 September 2022, .au domains will be available for anyone to register provided they meet the eligibility criteria. What …
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Golfing body lands in the rough

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The United States Golf Association (USGA) has been left to green and bear a decision from the Australian Trade Marks Office. The Office ruled that its Australian trade mark application for HANDICAP INDEX was not up to par, with the term found not to be capable of distinguishing USGA’s claimed services, “handicapping for sporting events, …
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A Cliffhanger with No Sequel – Australia’s Apex Court Divided on Patentable Subject Matter

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In a surprising turn of events, the High Court has handed down an evenly split decision in the highly anticipated case Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents[1]. This was the first time that Australia’s apex court has considered the issue of patentable subject matter for computer implemented inventions. In 2010, the Australian …
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