IP Australia extends COVID-19 extensions of time to 30 November 2020

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 30 November 2020. IP Australia are also allowing a further streamlined COVID-19 extension even if you have previously received an extension.   By way of reminder, extension of time is available …
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Australian High Court refuses to hear Rokt software patent appeal

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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2020 Knowledge Commercialisation Australasia award winners

Congratulations to CSIRO for winning the KCA Best Research Commercialisation Award at today’s KCA digital awards ceremony. CSIRO’s submission was based on being able to quickly and accurately X-ray ore to see how much gold is inside. The system, PhotonAssay, uses high-energy X-rays to increase gold recovery by 1-3%, which is worth $2 billion a …
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POF recognised as a leading Trade Mark Prosecution firm

We are very pleased to announce that we’ve been recognised as a leading Trade Mark Prosecution firm by Asia IP in their 2020 Trade Mark Survey. This achievement is a great reflection of the dedication and hard work of our Trade Mark attorneys. Asia IP determines their rankings via thousands of corporate counsels worldwide, who …
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Ferrari takes its 488 Pista Spider design to a hearing and prevails

The Australian Designs Office has recently issued its decision[1] concerning an adverse examination report for a Car and Toy Car design registration owned by Ferrari. The Design relates to the 488 Pista Spider, Ferrari’s best ever open-top performance vehicle. Pleasingly for Ferrari the Australian Designs Office granted a certificate of examination on 14 July 2020. …
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COVID-19: Put staff at the centre of your decision making

The first time we really paid attention to COVID-19 was in early February this year. By mid-March, we had set-up a COVID-19 Response Team including our heads of IT and People & Development, reviewed our readiness to have everyone working from home, run a successful IT stress test with 40% of our people working from …
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No compensation for the Commonwealth: Australia v Sanofi

In the keenly awaited decision in Commonwealth of Australia v Sanofi1, the Federal Court has dismissed the Commonwealth’s $325 million claim for compensation made against Sanofi arising from a patent infringement suit brought against Apotex Australia (Apotex), the Australian subsidiary of the Canadian generic drug company Apotex Canada. Read more here >>

Method of innovation confirmed not a patentable invention

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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POF welcomes new Senior Associate, Dr Danielle Burns

Phillips Ormonde Fitzpatrick extends a warm welcome to our newest Senior Associate, Danielle Burns, who has recently joined the Chemistry and Life Sciences team in our Melbourne office. Danielle has extensive experience as a scientist and as a patent attorney with expertise in patent strategy, protection and enforcement in the Biotech sector.  She has a …
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Business as Usual – IP Australia and Intellectual Property Offices of New Zealand COVID-19 Operations

IP Australia and Intellectual Property Offices of New Zealand (IPONZ) are currently advising that their services are operating as usual.  Both IP Offices have also advised that an extension of time is available under the normal extension provisions of the various IP Acts and regulations in Australia and New Zealand.  These extension of time requests …
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