POF news - Page 5 of 45 - Phillips Ormonde Fitzpatrick

Ten Years of Raising the Bar – The Trade Marks Act 1995

May 3, 2023
by Russell Waters, Principal

Amongst the areas that the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 intended to address was an issue that arose from the wording of section 41 of the Trade Marks Act 1995 as originally drafted. This issue was brought to light in the decision of Branson J in Blount Inc v Registrar of Trade …
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Celebrating Gender Equity this World IP Day

April 26, 2023
by Dr Annabella Newton, Principal

Happy World IP Day! World Intellectual Property Day is celebrated every year on 26 April – the day on which the World Intellectual Property Organization (WIPO) Convention came into force in 1970 – and it is a day for increasing general awareness and understanding of IP. This year’s theme is Women and IP: Accelerating Innovation …
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Ten years of Raising the Bar – Reshaping the IP landscape

April 23, 2023
by Greg Chambers, Consultant

The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 had an impact extending beyond the acquisition of patent and trade mark rights. Outside the patent attorney profession, few realised that the RTB Act included a short provision allowing patent attorneys to incorporate. Our lawmakers are unlikely to have suspected how profound this seemingly innocuous change …
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Ten years of Raising the Bar – Support and Disclosure

April 20, 2023

Some of the most significant changes to the requirements for a valid patent brought about by the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 have been in the area of support and disclosure. A key rationale for the grant of patent rights has always been that in return for a limited monopoly, the …
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Ten years of Raising the Bar – (Not so) Provisional Applications

April 19, 2023
by Dr Leigh Guerin, Senior Associate

Continuing our deep dive into the influence of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012, we now look at the changes made to Provisional Applications and the conflicting result that the Act had on a system originally aimed at saving time and cost to applicants. Before filing a complete patent application, an …
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Ten years of Raising the Bar – Patent Prosecution

April 17, 2023
by Dr Neil Ireland, Principal

The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 was intended to address six key areas, one of which was to raise the quality of granted patents. The aim of raising patent quality was to ensure that patents granted in Australia were more closely aligned with international standards and with those granted by our …
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ChatGPT plays it safe and recommends using a patent attorney

March 22, 2023
by Raffaele Calabrese, Principal

Some may remember a time when business methods were patentable subject matter, and at first glance it seems that the increasingly popular AI, ChatGPT, would like us to return to these halcyon days. When pushed, however, ChatGPT does recommend that you seek the professional advice of a patent attorney. ChatGPT is a chatbot developed by …
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Ross McFarlane named as one of 2023’s Global Leaders by IAM Patent

March 10, 2023

Congratulations to our Managing Principal, Ross McFarlane, for being named as one IAM’s Global Leaders for 2023. This is a very significant achievement as being awarded this status as Global Leader requires attorneys to already be ranked in IAM Patent’s Gold Tier. Ross has also been a highly recommended individual in the IAM Patent 1000 …
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Is imitation the sincerest form of flattery?

February 23, 2023
by Paul Goodall, Associate

In an all too common scenario, the iconic 1959 Mini design has recently attracted the interest of a Chinese electric vehicle company known as Beijing Estech Technology Co (BET). BET had filed a design with the Chinese Intellectual Property Office (CNIPA), heavily based on the classic 1959 Mini design, albeit with very minor changes. This …
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The ‘new’ New Zealand Patents Act in action

February 17, 2023
by Dr James Burnley, Senior Associate

It has been several years since the ‘new’ New Zealand Patents Act came into force and we are beginning to see how the practicalities of this regimen are playing out. The recent decision, Intelli Particle Pty Ltd (‘Intelli’)[1], illustrates some important aspects of contemporary New Zealand practice. Despite being the subject of a Global Patent …
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