In a recent Australian Patent Office decision[1], an extension of time to file a complete Australian patent application was allowed despite a third party opposition. The delegate of the Commissioner of Patents accepted that flawed mental function by the applicant in misunderstanding advice provided by their patent attorney was the cause of missing the deadline. Extensions …
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The Commonwealth Scientific and Industrial Research Organisation (CSIRO) is urgently investigating and developing new technologies aimed at limiting the spread of COVID-19 infection. One example technology is a new isolation hood device developed by CSIRO to reduce the risk of infectious particle transmission between individuals in close proximity. It is envisioned that the isolation hood …
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As noted in our previous blog post, IP Australia introduced a new streamlined process for extension of time requests for Applicants impacted by COVID-19. These arrangements have now been extended until at least 31 July 2020. By way of reminder, extension of time is available to extend most Patents, Trade Marks, and Designs deadlines for up to three months, and is: …
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The law relating to the patentability of computer-implemented inventions is beginning to look settled in Australia following Commissioner of Patents v Rokt Pte Ltd (Rokt)[1]. The Full Federal Court in Rokt has reversed a curious decision of the primary judge in favour of a digital advertising method being patentable subject matter. In upholding the Commissioner’s …
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The Full Federal Court has dismissed the patent applicant’s appeal in Watson v The Commissioner of Patents[1]. We wrote about the judgment which was the subject of this appeal here. The decision upheld a finding that a method by which an organisation engages with an innovation service provider to innovate is not a patentable invention …
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The Federal Court of Australia recently overturned a decision by the Commissioner of Patents whilst clarifying the test for determining whether an amendment to a complete specification is allowable (Commonwealth Scientific and Industrial Research Organisation v BASF Plant Science GmbH [2020] FCA 328). In doing so, the Federal Court concluded that the approach taken under …
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IP Australia – Business as usual It is still business as usual at IP Australia. However, changes have been made to in person services in wake of COVID-19 restrictions such as hearings and in person payment/ lodgement. Most IP Australia personnel are now working from home. The latest update from 1 April 2020 is reproduced …
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On 22 March 2020 the Papua New Guinea government declared a state of emergency due to the spread of COVID-19. Effective as of 24 March 2020, the Intellectual Property Office of Papua New Guinea will be physically shut for an initial period of 14 days. However, the Office will remain open in a digital capacity, …
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Further to our blog post in October 2019 on the future of the innovation patent, the Intellectual Property Laws Amendment Bill (Productivity Commission Response Part 2 and Other Measures) (“Part 2 Bill”) received royal assent on 26 February 2020 passing the bill into Australian law. The provisions of this new act will prevent new innovation applications …
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IP Australia have dismissed a trade mark opposition[1] by the Scotch Whisky Association against a trade mark for CLYDE RIVER in class 33 (alcoholic products). The trade mark application was filed by a self-represented trade mark applicant who did not participate in the opposition. The Scotch Whisky Association raised as grounds of opposition, section 41 …
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