The High Court of Australia has refused Stephen Thaler’s application for special leave to appeal the Full Court decision[1] that a device characterised as an artificial intelligence machine cannot be considered an ‘inventor’ within the meaning of the Patents Act 1990. Our analysis of the Full Court decision can be found here. As the High …
>> Read more
Venkat Thandra; Ahmed Farouk Shaaban [2022] APO 65 is yet another manner of manufacture decision in relation to computer related inventions by IP Australia. You can probably guess the outcome, but of note is the approach taken to Hearings at IP Australia where they emanate from an Examiner Objection as well as the time to …
>> Read more
Ammonia (NH3) is a commodity chemical essential to human civilization. Ammonia-based fertilizers are necessary to produce sufficient food for the world’s population, and ammonia may also play a future role in replacing fossil fuels as a carbon-free fuel or carrier of renewable energy. However, almost all ammonia is still produced as it has been for …
>> Read more
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 …
>> Read more
Today the High Court of Australia dismissed an appeal from the decision of the Full Court in Commissioner of Patents v Aristocrat Technologies Australia Pty Ltd [2021] FCAFC 202 as reported earlier here. The earlier decision concerned whether Aristocrat’s patent claim for a system and method for providing a feature game to be played on …
>> Read more
We are pleased to announce that POF has been recognised as a Tier 1 (Highly Recommended) firm in the 2022 IAM Patent 1000, applauded for “[having] their customer in their heart and show their genuine interest to help their customer succeed not only in securing the IP protection but also in commercialisation of the IP.”. …
>> Read more
Late last year the European Patent Office (EPO) began accepting Qualified Electronic Signatures (QES) attached to electronically filed documents submitted as evidence to support requests for registration of a transfer of rights. The disruptions from COVID-19 showed many of our European clients that they can successfully use qualified signatures as a contactless and secure way …
>> Read more
As reported earlier, the Full Court recently determined in Commissioner of Patents v Thaler [2022] FCAFC 62 that a device characterized as an artificial intelligence machine cannot be considered an ‘inventor’ within the meaning of the Patents Act 1990. Counsel for Dr Stephen Thaler, the applicant for Australian patent application no. 2019363177 which names an …
>> Read more
A recent Full Federal Court decision has discussed the meaning of the term “staple commercial product” within the context of patent infringement by supply of an essential oil to customers. The patent related to methods of using an essential oil from the shrub Kunzea ambigua in the treatment of various conditions including influenza, arthritis and …
>> Read more
In the latest chapter of the DABUS saga, the Full Federal Court of Australia has determined that a device characterized as an artificial intelligence machine cannot be considered to be an ‘inventor’ in Commissioner of Patents v Thaler [2022] FCAFC 62. Background Dr Stephen Thaler is the applicant for Australian patent application no. 2019363177 naming …
>> Read more
