Joe Seisdedos, Senior Associate, Patent Attorney
Wrays Sydney

The Economist has reported the creation of a new financial exchange, IPXI (http://www.ipxi.com) which attempts to simplify the trading of patent rights (http://www.economist.com/node/21554540).

Joe Seisdedos, Senior Associate, Patent Attorney
Wrays Sydney

After a long and drawn out battle, a software patent that first surfaced many years ago and was the subject of much controversy appears to have survived a sustained challenge. ZD Net recently reported (http://www.zdnet.com.au/amazon-telstra-patent-battle-nears-end-339337820.htm) that the Amazon ‘one-click’ patent, which was opposed by Telstra many years ago, may finally be granted.  The ‘one-click’ patent covered a web based application that allowed a user to complete the purchase of an item by simply clicking once on the item displayed on a website.

Authors: Joe Seisdedos, SENIOR Associate & Dr Vicky Longshaw, IP CONSULTANT

While many expected the 2012/13 Federal Budget to result in deep cuts in several areas of government funding, it is pleasing to find that there have been no substantive cuts for funding of scientific and medical research. Research funding will be increased in line with expectations.

Albert Ferraloro
Director, Management & Strategic services

Not recognising intellectual property (IP) as a key business asset in amongst all other assets of a business is a real risk many companies face today. This is despite IP assets typically representing anywhere between 50%-85% of the capital value of a company. Not having an understood IP strategy to suitably capture and manage these valuable assets typically results in a reactive approach to all things IP rather than a more consider proactive approach which in turn can lead to a range of unwanted and costly outcomes such as:-

• IP loss resulting from a combination of poor IP management practices and personnel leaving to work with, or as, competitors;

• Key IP not being suitably protected resulting in loss or erosion of competitive advantage or opportunities to extract value not being recognised;

• Competitors having a stronger IP position and/or being more IP aware and able to make business difficult for a company; and

• Lack of awareness of a company's IP landscape leading to wasted time, $$$, resources, or worse, potential IP infringement of 3rd party IP rights.

Craig Humphris, Senior Associate
Senior Member, Adelaide Chemical and Biological team

In October 2011, the Court of Justice of the European Union in Brüstle v Greenpeace e.V (Case C 34/10) prohibited the issuing of patents for stem cells on the basis of ethical grounds. Whether the European Patent Office will adopt the the ruling remains to be seen however until that time European patent applicants should ensure that their specification includes an example of the use of stem cells which are not human embryonic stem cells.

David Stewart, Director and Group Head (Wrays Lawyers), Partner (Wrays Patent and Trade Mark Attorneys)

This year we attended both the Pharmaceutical Anti-Counterfeiting conference in Singapore in September, and the Pharmaceutical Trade Mark Group conference in Prague in October.