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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Following the decision in Thaler v Commissioner of Patents that an AI system DABUS can be named an inventor for a patent application, it would appear that Australia is one of only two countries where this has been deemed allowable, the other being South Africa. The rationale for such a position in Australia can be contrasted …
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The DAS stores electronic Certified Copies of Priority Documents and allows retrieval of these documents by certain patent offices via a DAS code. The service is most relevant to applicants who file complete (i.e. Paris convention) patents and designs (and to a lesser extent trade marks). For a long time, DAS wasn’t useful as not a lot of countries were party to it or accepted …
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Today, the Commissioner of Patents has appealed the Federal Court decision of Justice Beach in Thaler v Commissioner of Patents [2021] FCA 879 (which recognised that an AI machine could be an inventor on a patent) to the Full Court of the Federal Court of Australia. The Federal Court judgment, handed down on 30 July …
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An extension of time to file evidence in an opposition has ultimately been found allowable on the basis of “other circumstances”, where emails regarding deadlines were sent but not received due to a blocklist. Extensions of time to do certain acts under the Patents Act are available subject to requirements and regulations – which are …
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Under the federal budget handed down on Tuesday night, the government will launch a patent box scheme targeted at the medical and biotechnology sector. The scheme, to be launched from 1 July 2022, should further encourage the commercialisation of medical and biotech innovations in Australia. Under the patent box, income derived from eligible patents will …
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It is believed that as early as the Paleolithic period, distinguished by the original development of stone tools over three million years ago, mankind has been inventing and improving. The concept of inventing has always been regarded as a creative mental activity carried out by a human being. Fast forward to the 21st century, with …
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We are delighted to once again announce that POF has been recognised as a tier 1 patent prosecution firm in this year’s IAM Patent 1000, touted as “one of, if not the best patent attorney firm in Australia when it comes to maintaining decades-long, happy client relationships”. Following the extensive research process carried out by …
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The High Court handed down its decision yesterday in Calidad Pty Ltd & Ors v Seiko Epson Corporation & Anor[1]. Seiko Epson Corporation owns two patents relating to the Epson cartridges, which it manufactures and sells. Once those printer cartridges are sold and used, a third party obtains them and modifies them to be refilled …
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The High Court of Australia has dismissed an application for special leave to appeal from the Commissioner of Patents v Rokt Pte Ltd 1 of the Full Court of the Federal Court of Australia. As we have previously indicated, the law relating to the patentability of computer-implemented inventions is beginning to look settled in Australia by the decisions in Encompass …
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