Category Archive

On 22 April 2020, IP Australia implemented a simplified system designed to assist IP owners meet deadlines that would otherwise be missed due to COVID-19. The system provides free extensions of time for up to three months for patents, trade marks and design matters, including extensions of time to file evidence in oppositions. To get an extension all that is …

We have recently been receiving queries from overseas IP firms who have received a notice from IP Australia asking for an address for service in Australia or New Zealand. This is happening when their client’s mark is protected in Australia via the Madrid Protocol, even if no objections have been raised during the examination process, when this has not been …

As we move through the COVID-19 pandemic and many countries start to show signs of emerging out the other side, how are Patent Offices around the world modifying their approach to dealing with the hardship that patent applicants are experiencing in these difficult times? Many Patent Offices worldwide have implemented temporary extensions of time to meet the requirements of satisfying …

There are few industries where the failure of a single piece of equipment can lead to such catastrophic events, in terms of life and property, as in the oil and gas industry. Events such as Deepwater Horizon are still very much part of living memory. At the very least, unexpected downtime in any facet of operations is a huge cost. …

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 …

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 …

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 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 …

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 …

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 …