Category Archive

Author: Peter Caporn Do you routinely search patent specifications?  If not, the recent decision in Vermeer Manufacturing Company v Wirtgen GmbH [2015] APO 14 suggests that you should. Surface miners, such as those employed in the resurfacing of roads and in the mining of coal and friable iron ores, have been the subject of a recent decision of a Delegate …

Author: Peter Caporn I recently attended a breakfast event presented by WestBusiness Events and Curtin University, which was aimed at providing insight into doing business with China and how the recent FTA might improve things.  Any discussion regarding business with China is bound to have a resources flavour, and this event didn’t disappoint, with Dr David Sun of Sinosteel Australia …

Author: Peter Caporn Prior public display and offer for sale not sufficient to destroy novelty A recent appeal decision from the full Federal Court has found that providing a product for sale in Australia that embodied an invention did not make that invention publicly available in Australia in the absence of evidence that anyone wanted to examine the product to …

Authors: Dr Gillian Kaggwa & Peter Caporn Abstract:  Numerous industries across the Australian economy rely on the adequate enforcement of their patents, trademarks and copyright as evidenced by the recent increase in IP filings.  However, despite the increase in filings, Australia is seeing relatively low returns in spite of the strong investment in innovation.  Low innovation efficiency is clearly not …

Authors: Tyson Keed & Peter Caporn Few technologies in the modern era have had such broad and far reaching applications than that of nanotechnology. This has also led to the field of nanotechnology stretching the boundaries of patent law. A new technology is typically limited to a specific field and has only incremental growth over time, this in turn leads …

Author: Peter Caporn, Principal A recent decision from the Australian Patent Office has held that ExxonMobil’s otherwise novel and inventive method of designing an LNG plant is nothing more than a scheme and is consequently unpatentable.  Woodside opposed the grant of the Australian Patent Application after it had been accepted by the Patent Office.  ExxonMobil overcame several grounds of opposition …

Authors: Andrew Butler and David Chin, Principals How does BMS v Apotex affect your patent licence? Following the recent Full Federal Court decision in BMS v Apotex, David Chin and Andrew Butler note that it makes sound business sense to review your organisation’s exclusive licences to confirm that they accord with your IP and corporate strategies. Any reservation of rights …

According to very romantic French legend, in the 17th century, Dom Pierre Perignon first crafted champagne and called to his fellow Benedictine monks “Venez vite! Je bois des etoiles!” (“Come quickly! I am drinking stars!”) Some 300 years later, the France-based Comite Interprofessionnel du Vin de Champagne, which protects the interests of wine producers and growers from the Champagne region, …

Apple tried to file a trademark registration for the name APP STORE in Australia back in 2008. The company has famously been using the term for the digital distribution marketplace exclusive to their devices/operating systems, and tried to get the name registered under Classes 35 (Advertising; business management; business administration; office functions), 38 (Telecommunications.), and 42(Design and development of computer …

Author: Peter Caporn, Principal The application of new technologies in the resources sector has been identified as a key element in one of 5 “megatrends” in a report titled “Megatrends 2015 Making sense of a world in motion” and published by EY.  New technologies are allowing access to previously unavailable resources and have the potential to impact future supply in …