The admissibility of post-filing data varies across jurisdictions, making its effectiveness subject to national patent office rules. Join our panel as they discuss these differences and the impact they have on the strategy of patent prosecution in different jurisdictions. In Europe, post-filing evidence can be used to counteract inventive step objections at the EPO (T939/92 and T1329/04), and in limited …
Patents Undone by a Sales Pitch and a Gelatine Hand
Not All Grace Periods Are Created Equal What’s a Grace Period? The Australian Patents Act 1990 and regulations provides a number of circumstances in which a ‘grace period’ can be relied upon in a defence to alleged lack of novelty and/or inventive step. That is, there are some things that you can do with your invention before you file a …
The Canadian Sequel to an Australian Decision
Last year, the Australian Federal Court issued its decision concerning the Prevnar 13 vaccine in Merck Sharp & Dohme Corporation v Wyeth LLC [2020] FCA 1477 (Prevnar 13 AU). This year, the Federal Court of Canada decided very similar questions in Merck Sharp & Dohme v Wyeth Canada Inc 2021 FC 317 (Prevnar 13 CA). While the cases are interesting …
Congratulating Our People Across the Country
Wrays is delighted to announce four promotions across our firm. On the east coast, Dr Phil Burns has been promoted to Special Counsel and Dr Daniel Beck has been promoted to Senior Associate. And in WA, Bindhu Holavanahalli has been promoted to Senior Associate and Grace Ng has been promoted to Associate. With a degree in optoelectronics and a doctorate …
In the Spotlight With Tyson Keed
We recently sat down for a chat with Wrays’ Senior Associate, Tyson Keed. Tyson told us about his background and interest in science and talked us through his journey into intellectual property. Tyson, before joining Wrays in 2010 you first studied nanotechnology. Did you do that with the intention of working in intellectual property? Not at all, in fact, I …
European Study Demonstrates Positive Relationship Between IP Ownership and Economic Performance
A recent joint study by the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO) has revealed that companies that own at least one registered intellectual property right (patents, designs, trade marks) generate 20% higher revenues per employee compared to companies with no registered intellectual property rights (IPRs). Companies owning IPRs were also found to pay 19 …
Keeping the safety and wellbeing of our staff and community front of mind
Update: Our WA team are now happily back in our Perth office, given their improved Covid-19 situation. Given the current Covid-19 situation unfolding at differing levels across our states, Wrays would like to inform our friends, clients and wider network that Wrays’ people are now working remotely across NSW and VIC. We remain fully contactable throughout this period via our …
Australian Patent Opposition Decisions and Amendment: Two Bites at the Cherry?
Patent opposition decisions in Australia may have three results: refusal of the opposed application, dismissal of the opposition and allowance subject to amendment. The last situation is the most common in practice and acceptability of the amendment in resolving the opposition is decided in a final determination. Less common is an opposition to amendment which, generally, has low prospects for …
Get Ready to Ignite!
Do you have an idea or innovation that could become a high-growth business? If so, Curtin Ignition may be what you need to help make your vision a reality. Applications are now open for Curtin Ignition, an intensive training program for aspiring entrepreneurs, academics and corporate innovators to trial and prepare business ideas for the commercial environment. This year the Perth-based …
Ssh… There’s Something You Should Know About Secret Use
The main requirement for patent grant is that the patented invention must be novel (or new). This means that at the time of filing the patent application, the invention must not have been previously published or publicly disclosed by anyone, including the patentees themselves. There is, however, another requirement that is often overlooked by patentees and that is that the …