Inspired - The POF blog - Page 9 of 152 - Phillips Ormonde Fitzpatrick

Essential oils are a staple commercial product, says Full Court

May 9, 2022
by Dr Annabella Newton, Principal

A recent Full Federal Court decision has discussed the meaning of the term “staple commercial product” within the context of patent infringement by supply of an essential oil to customers. The patent related to methods of using an essential oil from the shrub Kunzea ambigua in the treatment of various conditions including influenza, arthritis and …
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World IP Day 2022 – IP and Youth: Innovating for a Better Future

April 26, 2022

April 26 marks another World IP Day – and we’re delighted to be taking part in the celebration and recognition of this important day. This year’s theme is “IP and Youth: Innovating for a Better Future”, shifting our collective focus towards our young inventors and innovators. Youths have always been an incredible and largely untapped …
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Australian “Fearless Girl” keeps standing

April 21, 2022
by Melissa Wingard, Former POF Attorney

Whilst ostensibly designed to be a symbol of gender equality, the “Fearless Girl” statue has largely been mired in controversy and legal proceedings since its installation in New York in 2017. The most recent instalment in the ongoing saga has been the handing down of the recent full Federal Court decision in State Street Global …
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Full Federal Court says no to AI inventors

April 14, 2022
by Helen McFadzean, Principal

In the latest chapter of the DABUS saga, the Full Federal Court of Australia has determined that a device characterized as an artificial intelligence machine cannot be considered to be an ‘inventor’ in Commissioner of Patents v Thaler [2022] FCAFC 62. Background Dr Stephen Thaler is the applicant for Australian patent application no. 2019363177 naming …
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ACCC to deny authorisation for pharmaceutical patent settlement

April 11, 2022
by Dr Neil Ireland, Principal

Historically, licences in relation to intellectual property rights in Australia were shielded from the full force of competition law due to a limited exemption contained in section 51(3) of the Competition and Consumer Act 2010 (Cth). Repeal of this section came into effect on 13 September 2019, with the result that from that date, competition …
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‘Archetypical’ reaction to Meghan and Harry’s trade mark application

April 6, 2022
by Russell Waters, Principal

Meghan Markle and Prince Harry’s company, Archewell Audio LLC, has filed a trade mark application for the word ‘ARCHETYPES’ in relation to the podcast that they have been paid to produce by Spotify. The Media, in what seems to be a typical fashion in relation to the ex-Royals, have succeeded in drumming up outrage in …
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Full Court confirms relevant regulatory approval date for PTE

April 4, 2022
by Dr Annabella Newton, Principal

The Full Federal Court[1] has confirmed that the relevant regulatory approval date for requesting a pharmaceutical patent term extension (PTE) is the earliest inclusion in the Australian Register of Therapeutic Goods (ARTG) of any goods which include a pharmaceutical substance which is claimed and disclosed in the patent, regardless of whether those goods belong to …
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Inspire – March 2022

In this edition…

Federal Budget delivers Patent Box Scheme expansion

March 30, 2022
by David Longmuir, Principal

The 2022-23 Federal Budget, delivered by Treasurer Josh Frydenberg last night, has provided further incentives to Australian innovators. Pleasingly, the Government has expanded the Patent Box Scheme to agricultural and low emissions technology sectors. The expansion is notable in that, despite significant industry advocacy to extend the Patent Box Scheme to these industries, the bill …
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Intellectual property in a time of war

March 25, 2022
by Russell Waters, Principal

You may have heard or seen recent media coverage regarding a decision by the Russian government that Russian companies are no longer obliged to compensate owners of patent and design rights where the owners are from ‘unfriendly countries’. Similarly, with the withdrawal of McDonalds from Russia, a fast food chain called ‘Uncle Vanya’ is poised …
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