General Articles

ODDFELLOW DECEMBER 2023

04/12/23
Author: J.A. McStea Teemacs GmbH

Bubendorf 1 December 2023 …and they’re off and running… So finally, the long-awaited UPC is under way. It’s been a long journey – consider that the initial impetus was back in the dim, distant past. I checked my Oddfellow archive

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ODD FELLOW May 2023

15/05/23
Author: J.A. McStea Teemacs GmbH

Relief beyond belief… Bubendorf, 15 May 2023 The great exhaling you heard recently came from CIPA. The UK’s application to join the CPTPP caused a great deal of nervousness, not because of the UK’s distance from the Pacific and the

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ODDFELLOW DECEMBER 2022

25/01/23
Author: J.A. McStea, Teemacs GmbH

11 December 2022 And so, it begins… …well, eventually. All of the nefarious schemes that were supposed to derail the

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“Attorney Direct” telephone service at IP Australia

22/11/22

This content is restricted to site members. If you are an existing user, please log in. New users may register here.Existing

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ODDFELLOW JULY 2022

05/08/22
Author: J.A. McStea, Teemacs GmbH

Oddfellow 15 July 2022 Here come de judges… So, appointment of judges for the UPC has started. Apparently 90 appointments

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Encouraging SMEs to engage with the patent system

17/05/22

In 2021 the Department of Industry, Science, Energy and Resources released an independent review that considered issues in relation to

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ODDFELLOW MARCH 2022

21/04/22
Author: J.A. McStea, Teemacs GmbH

Oddfellow 2022_1 Bubendorf 6 March 2022 We appear to be on our way, at last… Barring minor inconveniences, such as

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Oddfellow November 2021

29/11/21
Author: J.A. McStea, Teemacs GmbH

Oddfellow 2021_3 Bubendorf 25 November 2021 Exams drive us up the wall                                                                                                                             What is the fairest test of

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New Zealand surrenders its strict stance on double patenting

08/11/21
Author: David Herman

The New Zealand Patent Office (IPONZ) has historically applied a strict and rigid stance on what constitutes double patenting. However,

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Using a company’s logo to criticise the company

03/11/21
Author: Margaret Ryan

AGL v Greenpeace AGL, an Australian energy company, used the logo: AGL claimed ownership of the copyright in this logo

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The Australian Federal Court removes a pharmaceutical patent term extension because of the patentee’s own earlier registered goods

27/10/21
Author: Ken Johnstone, Daniel Sieveking, Elizabeth Barrett

In Merck Sharp & Dohme Corp. v Sandoz Pty Ltd [2021] FCA 947, the Federal Court has determined that a

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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)

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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

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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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Save the innovation patent campaign

10/12/18

For the past year, IPTA has been actively lobbying the Government to retain the innovation patent system. This work has

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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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