Australian Patentees’ Rights Exhausted

On 12 November 2020, the High Court handed down a landmark judgment affecting the rights of Australian patent owners. Up until this judgment, the position in Australia for over a century had been that anyone obtaining a patented product from the patentee had an implied licence to use it in accordance with ordinary rights of ownership of goods (the implied …

Wrays Industry Insights, Insights

Protecting your MedTech IP

Are you pivoting your MedTech technology, using artificial intelligence, or working in a collaboration? In this IP in Focus Webinar, Wrays’ Bindhu Holavanahalli and Dr Phil Burns will share their IP tips to ensure your MedTech technology and ownership is protected during your innovation journey and through to commercialisation. From understanding what can, and should be patented, to learning about …

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Patent Strategies for Pharmaceuticals

We know that when you are innovating in the pharmaceutical industry, it is important to work efficiently whilst ensuring your product or process is safe. This is equally important whilst patenting your innovation. So, how do you make the process of patenting pharmaceutical innovation in Australia and New Zealand streamlined and cost-effective? In this webinar, Dr Penelopy Farbey and Dr …

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Lowering the Temperature on Inventive Step

In the recent decision of Universal Polymers Pty Ltd v Greenzone Pest Innovations Pty Ltd [2020] APO 37, the Australian Patent Office found claims which focus on manufacturing parameter ranges, such as temperature, pressure and so on, may still be found to have an inventive step. We explain this decision in further detail below. Background Greenzone filed a patent application …

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IP Australia Issues Further Notices on Fees for Extension of Time Applications

On 11 September 2020, the Deputy Director-General of IP Australia issued three notices relating to extension of time fees concerning patent, trade mark and design applications. The notices provide that fees will not apply to some extensions of time during the COVID-19 pandemic requested in the period 1 October to 31 October 2020. Exemptions are currently in place to the …

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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 …

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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 …

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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