General Articles

FALL FROM GRACE: Full Federal Court considers reasonable trial grace period and finds two patents invalid

20/07/21
Author: Sam Mickan and Lily Brennan-Xie

The Full Court of the Federal Court of Australia recently considered the reasonable trial grace period in Fuchs Lubricants (Australasia) Pty Ltd v Quaker Chemical (Australiasia) Pty Ltd,[1] unanimously concluding that two patents owned by Quaker were invalid, and overturning

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‘Confidentiality Notices’ at the end of emails are not (completely) pointless

Author: Gavin Adkins

Nearly three years ago, we reported on a decision of the Australian Designs Office that suggested that the automatically generated ‘Confidentiality Notice’ in the footer to your email may not always be effective. The decision was appealed and last month

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Judicial Review finds PTEs based on third party products to be “manifestly absurd”

Author: Dr Claire Gregg

The Federal Court of Australia recently conducted a Judicial Review of Australia’s patent term extension (PTE) provisions and found that

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Oddfellow July 2021

19/07/21
Author: J.A. McStea, Teemacs GmbH

Oddfellow 2021_2 Bubendorf, 19 July 2021 Hooly dooly! It’s happening! Well, OK, a substantial step towards its happening has been

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Lack of Entitlement breaks glass vase design

16/07/21
Author: Duncan Joiner

The validity of an Australian design registration requires that the registered owner is properly entitled to the design rights. The

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Diagnostic tests that rely on a naturally occurring phenomena patent eligible in Australia

Author: Grant Shoebridge and Jennifer Enmon

On 18 June 2021, the Full Court of the Federal Court confirmed in Ariosa Diagnostics, Inc v Sequenom, Inc [2021]

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Song plays on for ‘The Jazz Corner’ after ‘The Corner’ falls short in trade mark dispute

Author: Stuart Green and Suzette Pullinger DCC

While jazz outliers might invoke Miles Davis’s album ‘On the Corner’ and rock aficionados would be quick to cite Creedance

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FEARLESS GIRL MEETS AUSTRALIAN INTELLECTUAL PROPERTY LAW

Author: Margaret Ryan

Fearless Girl is the name of a bronze statue of a strong and confident girl created by Kristen Visbal and

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Innocent infringement – is ignorance really bliss?

Author: Beata Khaidurova

Anyone seeking to commercialise a product in Australia faces the seemingly impossible task of determining whether they are likely to

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IPTA VS IP AUSTRALIA WEEKEND REPORT

14/05/21

On 27-28 February 2016 the 33rd Annual  IPTA and IP Australia weekend was held in Yarrawonga.  It was, as always,

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Oddfellow February 2021

23/02/21
Author: J.A. McStea, Teemacs GmbH

Oddfellow 2021_01 Bubendorf 22 February 2021 This is the end, my friend.. …this is the end, my only friend, the

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Oddfellow November 2020

30/11/20
Author: J.A. McStea, Teemacs GmbH

Oddfellow 2020_03 27 November 2020 Off and running again (??) The Never-Ending Story that is the UPC, that is. As

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Oddfellow July 2020

03/08/20
Author: J.A. McStea, Teemacs GmbH

Interesting times… Bubendorf 31, July 2020 …wasn’t that an old Chinese curse? (Another one???). It’s almost August and I haven’t

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Oddfellow March 2020

27/03/20
Author: J.A. McStea, Teemacs GmbH

This is the end, my friend,   This is the end, my only friend, the end… Bubendorf, 21 March 2020

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Oddfellow December 2019

09/12/19
Author: J.A. McStea, Teemacs GmbH

I’m still waiting for Brexit… Bubendorf, 6 December 2019 Every time I propose to visit my mother in Belfast, I

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Oddfellow August 2019

26/08/19
Author: J.A. McStea, Teemacs GmbH

But is it plausible? Bubendorf 23 August 2019 Nowhere in the EPC will you find that plausibility is a ground

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Oddfellow March 2019

14/05/19
Author: J.A. McStea, Teemacs GmbH

With apologies to Stephen Foster… O, de Kemptthal chemists sing dis song… Hoo-hah! Hoo-hah! De Kemptthal site is 1 K

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Oddfellow November 2018

30/11/18
Author: J.A. McStea, Teemacs GmbH

Trouble (still) at t’mill… Bubendorf 28 November 2018 So, are things any happier in EPO-land since the disappearance of Benny

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Oddfellow August 2018

21/08/18
Author: J.A. McStea, Teemacs GmbH

Bubendorf 17 August 2018 The myth of global warming… Ha, ha, I thought, as I sat sweltering in stifling heat

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Oddfellow 2018

18/05/18
Author: J.A. McStea, Teemacs GmbH

Dübendorf 16 May 2018 Post haste I file my priority applications in the UK (cheap – although as of recently

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Mirror, Mirror on the wall, which consideration is the fairest of them all? – Dealing with Computer-Implemented Inventions

17/05/18
Author: Nigel Pereira, Wadeson

The Patent Examiner’s Manual on Computer Implemented Inventions1 sets out a number of considerations to assist in determining whether a

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Book Review – “The most powerful idea in the world: A story of steam, industry and invention” By William Rosen (University of Chicago Press 2010)

05/04/18

In the early 1980s (adopts Maurice Chevalier accent – “Ah yes, I remember eet well”), a senior CSIRO official (who

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CIPA – European patent work unaffected by Brexit

06/02/18

CIPA has recently published a new animated video short “European Patent Work Unaffected By Brexit”. This was produced in response

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What your IPTA Councillors are presently up to:

08/12/17

November – Responding to the Trans-Tasman IP Attorneys Board’s Draft Codes of Conduct (see IPTA’s submissions by clicking here) November

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Problem with PDF Documents Filed with IP Australia

Author: Greg Gurr, Convenor, IPTA IP Australia Business Relations Committee

  Problem with PDF Documents Filed with IP Australia   IPTA has identified a problem with PDF documents, including patent

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ODDFELLOW NOVEMBER 2017

Author: Tony McStea

Oddfellow Bubendorf 21 November 2017 Ding, dong, the witch is dead (?) From mid-2018, the EPO will have a new

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What your IPTA Councillors are presently up to:

05/09/17

Your IPTA Councillors will be reviewing the Draft Code of Conduct 2018 and other materials recently published by the Trans-Tasman

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Preparing for the Zombie Divisional Apocalypse!

Author: John Landells, Convenor, IPTA NZ Legislation & IPONZ Business Relations Committee

If you have filed a patent application in New Zealand under the new Act (i.e. the 2013 Act) and are

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Oddfellow June 2017

03/07/17
Author: Tony McStea

Bubendorf 30 June 2017 Further indications of antiquity… As a 70th birthday present, I got a letter from the Motorfahrzeugkontrolle

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Oddfellow April 2017

07/04/17
Author: Tony McStea

Bubendorf 6 April 2017 Antonomasia That’s my word for the day. Up to recently, I‘d never heard of it. According

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IPTA vs IP Australia Weekend Report 2017

27/03/17
Author: Roger Green, Watermark

On the weekend of 7-8 March 2017, representatives of IPTA and IP Australia met in N-E Victoria to take part

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Oddfellow December 2016

27/01/17
Author: Tony McStea

Bubendorf, 2 December 2016 Well, I’ll go to the foot of our stairs… This is what a Liverpudlian acquaintance used

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Oddfellow 22nd September 2016

26/09/16
Author: Tony McStea

Bubendorf 22 September 2016 Well, a lot of effluent has flowed under the bridge since last I wrote, so here

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Product Management Group Pty Ltd (PMG) v Blue Gentian LLC [2015] FCAFC 179

04/08/16
Author: Robert Cross, EKM patent & trade marks

This decision, by Kenny, Nicholas and Beach JJ was on an appeal by PMG from a decision by Middleton J

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2015 Malcolm Royal Prize Winner – Whose monopoly is it?

17/06/16
Author: Robert Cross

The trade mark MONOPOLY® identifies one of the world’s favourite board games. There are several versions, including “The Junior”, “Classic”,

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Oddfellows – Trying out the Swiss health system

15/06/16
Author: Tony McStea

Bubendorf 9 February 2015 Trying out a healthcare system is not something one normally does just for the fun of

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