Going Back to Make Amend(ment)s…

A recent decision in the Federal Court, Commonwealth Scientific and Industrial Research Organisation v BASF Plant Science GmbH [2020] FCA 328 (13 March 2020), has highlighted the difficulties encountered when trying to make post-acceptance amendments to correct deficiencies in the claims or specification of a patent in Australia. In particular, care must be taken to ensure that there is contextual …

Wrays Industry Insights, Insights

The Sydney Science Park – An Exciting New Smart City Headed for Sydney’s West

Like something out of a science fiction movie, Celestino’s $5B Sydney Science Park is set to be a world-first in the scientific community. In partnership with private industry and universities, and driven by the new Aerotropolis, the park will be an international epicentre for scientific STEM (Science, Technology, Engineering and Mathematics) education and R&D and is set to be Australia’s …

Wrays Industry Insights, Insights

Common Patent Misconceptions

Many people, even those with significant experience with patents, harbour some misconceptions about the patent system, its advantages and risks. This article debunks a few of the more common mistakes. Only Genius Ideas Can Be Patented An invention need not be a genius idea to be patentable. An  Australian standard patent (which provides 20 years’  protection) requires that the invention …

Wrays Industry Insights, Insights

Welcome Richard Baddeley

Wrays is pleased to announce the appointment of Richard Baddeley as a Principal in our Perth Engineering & Technology Group. Richard provides advice on all aspects of intellectual property and has built an impressive track record acting for a range of clients from start-ups to large multinationals. Richard’s background in both chemical and mechanical engineering provides a platform to understand …

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An Update on Data Exclusivity Protection in Australia

Data exclusivity is a significant form of protection to branded pharma in Australia, yet many companies may not be aware of the subtle differences that protection has compared to protection provided by other countries. In Australia, innovators enjoy data exclusivity protection by which certain information provided to the regulatory authority (the Therapeutic Goods Administration of Australia (TGA)) for the purposes …

Wrays Industry Insights, Insights

Grace Periods and Whole of Contents Under Australian Patent Practice

Australian patent law provides applicants with a ‘grace period’ in certain circumstances permitting disclosure of an invention prior to filing a patent application, provided a complete application is filed within 12 months of the disclosure. Recent decisions from the Australian Patent Office have held that this grace period applies to whole of contents disclosures filed prior to but published after …

Wrays Industry Insights, Insights

Decluttering the Trade Mark Cupboard

Does your business have a cupboard full of trade marks; which have been registered for years and years? that have not been used in a long time or at all? that the business has no intention to use in the future? or which are not being used for all the goods or services for which they are registered? If the …

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Strong Link Between IP Rights and Business Profitability

IP Australia has recently published the results of its first longitudinal research project on the impact of IP rights on Australian business profitability as part of its annual 8th edition of the Australian Intellectual Property Report 2020. The report can be found here. It is no surprise to Wrays that the study finds that ownership of patents, trade marks and …

Wrays Industry Insights, Insights