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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Key points: It’s business as usual at Phillips Ormonde Fitzpatrick. IP Australia has introduced a new streamlined process for extension of time requests for Applicants impacted by COVID-19. We will keep you updated. We continue to monitor this situation closely and want to provide you with a business update and share some of the things we …
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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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The patent-eligibility of medical diagnostics in Australia remains unchanged following a recent decision of the Federal Court in Sequenom v Ariosa[i]. While this decision does not change patent eligibility in Australia, it does demonstrate a decisive divergence between Australian and US courts when considering what constitutes a patentable invention. As we have previously reported, in …
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The Federal Court has sent a strong message to businesses who mispresent the provenance of art and souvenirs as Australian Indigenous products, recently handing down a $2.3 million fine to one Australian wholesaler. For business owners, this case is a reminder that product claims, including those that go to a product’s provenance, must be able …
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IP Australia has just launched its Indigenous Knowledge Consultation Report, which is looking at ways to improve Australia’s IP system in order to promote the cultural integrity and economic potential of Indigenous Knowledge (IK). The Report is the result of consultations with Indigenous Stakeholders on issues such as control, protection, recognition of, and respect for …
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The Pinnacle Foundation website: https://thepinnaclefoundation.org/ 1.) Who are The Pinnacle Foundation, and what do they do? The Pinnacle Foundation’s focus is simple – they are helping LGBTIQ+ young adults to reach their full potential, and overcome their disadvantages. The goal is to help young people position themselves for success, transform society for the better, and …
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Today marks the annual Graeme Clark Oration, of which POF is very proud to be a long standing sponsor. The Oration informs the community about scientific advances in health and medical research, delivered by recognised global leaders in their field. This year the Oration will be delivered by Professor Timothy Denison from the University of …
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We are delighted to announce four new appointments effective from 1 July, 2019. Managing Partner Ross McFarlane says: “The lifeblood of our business is our outstanding people. On behalf of my fellow partners, I am delighted to celebrate Phillips Ormonde Fitzpatrick’s continued success through the elevation of these highly talented attorneys/lawyers.” Anita Brown – Partner …
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A number of Federal Court decisions from 2019 suggest that the balance may be shifting away from originators in the battle for interlocutory injunctions in pharmaceutical patent matters. The decision by Justice Jagot in Sigma Pharmaceuticals v Wyeth[1] is significant. It is the first time the Court has considered the compensation to be awarded pursuant …
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