Inspired - The POF blog

POF recognised as a leading firm in MIP IP Stars Awards 2022

We are delighted that POF has been recognised as a top Australian IP firm in the MIP IP Stars Awards for 2022, being awarded a Tier 1 ranking in both Trade Mark and Patent Prosecution. In addition, POF Principals Michael O’Donnell, Russell Waters, Edwin Patterson, Alyssa Telfer and Ross McFarlane , as well as Special Counsel Saskia Jahn, were all …
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Kanye bites back

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A Melbourne restaurant owner recently found out the fine line between inspiration and copying or passing off. You may have recently read about Kanye West writing a cease and desist letter to a suburban Melbourne hamburger restaurant called “College Dropout Burgers”. Mark Elkhouri had been inspired by Kanye and his music when setting up his …
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POF achieves top ranking for patent prosecution in IAM Patent 1000 2022

We are pleased to announce that POF has been recognised as a Tier 1 (Highly Recommended) firm in the 2022 IAM Patent 1000, applauded for “[having] their customer in their heart and show their genuine interest to help their customer succeed not only in securing the IP protection but also in commercialisation of the IP.”. …
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Phillips Ormonde Fitzpatrick promotes Helen McFadzean to Principal

We are delighted to announce that Helen McFadzean has been promoted to Principal of the firm, effective 1 July 2022. Managing Principal, Ross McFarlane said “We are delighted that Helen is joining the Partnership. She is a fantastic IP attorney and person, and has a great ability to understand a client’s needs and work collaboratively to achieve the best …
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The importance of business relationships…even for Trade Mark use

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Business is all about relationships, as they say, and as the decision in Watson v Cosmetic Warriors[1] has shown, relationships can impact how a business can defend its trade mark in a non-use removal action. Watson v Cosmetic Warriors was an appeal from a Registrar’s decision[2] to remove a trade mark registration based on non-use …
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Sign of the times: electronic signatures in the patent system

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Late last year the European Patent Office (EPO) began accepting Qualified Electronic Signatures (QES) attached to electronically filed documents submitted as evidence to support requests for registration of a transfer of rights. The disruptions from COVID-19 showed many of our European clients that they can successfully use qualified signatures as a contactless and secure way …
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IDAHOBIT 2022

International Day Against Homophobia, Biphobia, Interphobia & Transphobia (IDAHOBIT) is on 17 May.  It celebrates LGBTQIA+ people globally and raises awareness for the work still needed to combat discrimination.  This year’s theme is “Our Bodies, Our Lives, Our Rights”. To acknowledge and support IDAHOBIT day, POF celebrated with a rainbow morning tea including colourful food, …
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Thaler seeks special leave to appeal to the High Court on AI inventorship

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As reported earlier, the Full Court recently determined in Commissioner of Patents v Thaler [2022] FCAFC 62 that a device characterized as an artificial intelligence machine cannot be considered an ‘inventor’ within the meaning of the Patents Act 1990. Counsel for Dr Stephen Thaler, the applicant for Australian patent application no. 2019363177 which names an …
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