Bringing Secret Use Into the Light

The following article considers a recent Australian Federal Court decision concerning secret use as a ground of patent revocation in Australia. Is an Advertisement Prior to the Priority Date a Secret Use of an Invention? In Australia, an invention may only be granted a patent if, at the priority of the patent application, the invention is novel and possesses an …

Wrays Industry Insights, Insights

Oops! What Happened to Pages X and Y?

Lessons for patent drafting One recurring nightmare (of which there are many) that keeps patent attorneys awake at night, is that of filing a patent specification with pages missing. This is a particular concern at the complete filing stage of the patenting process, where a complete patent specification is prepared, typically based on a priority specification, and which hopefully includes …

Wrays Industry Insights, Insights

Is Your Online Platform Transparent Enough?

Three lessons learned from the HealthEngine Case The ACCC recently chalked up another victory as part of a recent spate of enforcement efforts targeted at online businesses in the wake of its Digital Platform Inquiry which concluded last year. The overarching lesson here is quite simple. If you are not transparent in your dealings with consumers (and this includes telling …

Wrays Industry Insights, Insights

Join us for the upcoming WA BioCheers

Along with AusBiotech, Wrays is excited to announce that, due to restrictions easing in Western Australia, we will be hosting WA BioCheers – an event for AusBiotech members and the wider Western Australian biotech industry. Come along to meet new people and potential partners, and to catch up with old friends and colleagues. The event will acknowledge Mr Stephen Carter, …

Wrays Events, Insights

Asahi Succeeds in Defending the Allowability of Its Post-Acceptance Claim Amendments in Opposition Proceedings Brought by EMD

In the latest Australian Patent Office decision to consider the allowability of post-acceptance amendments, the patent applicant, Asahi Kasei Medical Co., Ltd. (Asahi), prevailed over the opponent EMD Millipore Corporation (EMD) in defending its amended claims. EMD opposed the grant of Asahi’s patent application for a porous membrane that is useful for removing, by filtration, viruses and other pathogens from …

Wrays Industry Insights, Insights, News

IPONZ Trade Mark Systems Error

It has recently come to our attention that the Intellectual Property Office of New Zealand (IPONZ) has mistakenly issued misleading status notifications to WIPO regarding a number of New Zealand trade marks, by incorrectly indicating that the New Zealand designation for the affected International Registrations (“IRNZ”) has been refused or accepted. Consequently, the status of some IRNZ’s is incorrectly displayed …

Wrays Industry Insights, Insights

Timely Reminder to Update Trade Mark Registration When Making a Brand Refresh

Periodic brand refreshes offer several benefits for a business such as staying relevant, distinguishing your business from your competitors, realignment with new or changing values, products or services and reconnecting with customers. Every successful business will need to refresh their brand from time to time. Usually, the essential ‘look’ of the brand is retained, with minor alterations, so that the …

Wrays Industry Insights, Insights