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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After long negotiations between the United Kingdom and the European Union, the UK has exited the EU as of 31 January 2020 and entered an 11-month transition period from 1 February to 31 December 2020. During this period, the UK will continue to operate under the laws of the EU, including those in relation to …
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On 13 December, the World Intellectual Property Organization (WIPO) issued a draft paper on IP policy in relation to Artificial Intelligence (AI). This draft paper is part of a public consultation process to help define IP policy around the ever-expanding field of AI. A copy of the draft paper can be accessed here. As part …
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On 17 May 2019, the Federal Court of Australia handed down a decision in Gram Engineering v Oxworks[1], finding that Oxworks had manufactured and sold a product that infringed the claims of Gram’s Australian Patent No. 2004291566. The Patent The Patent relates to fencing, and more specifically to fence elements – known as plinths – …
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The New Zealand Patent Office (IPONZ) has recently published a schedule of fees which will take effect as of 13 February 2020. Amongst the wide-ranging increase in rates, some of the most significant relate to excess claim fees, renewal fees and requesting examination. Excess Claim Fees Unlike many other patent offices around the world, there …
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Further to our blog post in September on the future of the innovation patent, the Intellectual Property Laws Amendment Bill (Productivity Commission Response Part 2 and Other Measures) (“Part 2 Bill”) passed the Australian Federal Senate on 16 October 2019. The Australian patent system provides for the filing of “standard” and “innovation” patent applications. Innovation …
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As we recently reported, the judgment in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161 (Encompass) endorsed the earlier Research Affiliates and RPL Central decisions, and the law as it relates to patentable subject matter in Australia (manner of manufacture) in the context of computer implemented inventions (software patents). IP Australia has now advised that the judgment …
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In July 2019, IP Australia announced a Bill[1] which phases out the innovation patent system. This Bill is currently being considered by Parliament, marking the start of the legislative process that will likely remove this useful form of patent filing from Australian practice. However, there is still a window in which Innovation patents can be filed, …
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On Friday 13 September, the Full Federal Court released its much anticipated decision regarding manner of manufacture in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161, dismissing an appeal from a Federal Court judgment. The expanded bench (5 judges) upheld the primary Judge’s finding that a computer-implemented invention for displaying information was not patentable subject matter. This …
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Today, the Full Federal Court dismissed the appeal in Encompass Corporation Pty Ltd v Infotrack Pty Ltd. The appeal has been closely followed by those in the ICT space due to its consideration of the approach to the Manner of Manufacture (patentable subject matter) test in the context of computer implemented inventions. Unusually, this case …
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