PUT YOUR BEST METHOD FORWARD

By Alison McMillan PhD Australian Patent law has a requirement not found in other major patent jurisdictions.  A patent applicant is obliged to disclose “the best method known to the applicant of performing the invention”.  Failure to do so is a ground of refusal or revocation. Background Section 40(2)(aa) of the Patents Act 1990 requires […]

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WORLD INTELLECTUAL PROPERTY DAY 26 APRIL 2018

By Alison McMillan PhD and Christy Grobbler PhD Power change: Women in innovation and creativity World Intellectual Property day was established by the World Intellectual Property Organisation (WIPO) in 2000 to “raise awareness of how patents, copyright, trademarks and designs impact on daily life” and “to celebrate creativity, and the contribution made by creators and innovators to […]

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Can you patent an idea?

By Clinton Priddle We often get asked whether or not you can patent an idea.  While the question may seem simple, to be able to answer it correctly generally requires more detailed consideration, not least because different people often have different views as to what constitutes an idea. Before jumping into some examples, however, it is […]

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Recent Patent Office Decision

THE PATENT OFFICE SAYS YES TO A COMPUTER IMPLEMENTED METHOD By Alison McMillan PhD On 28 March 2018, the Patent Office issued a decision in Bio-Rad Laboratories, Inc. [2018] APO 24 (Bio-Rad) that held that a computer implemented method for a quality control strategy for medical diagnostic devices to be patentable subject matter or a […]

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Innovation Patents Granted a Last Minute Reprieve

By Wayne Slater We are pleased to report that the Australian government plans to abolish innovation patents has been taken off the table for the time being at least. When the Intellectual Property Law Amendment Bill was introduced into parliament on 28 March the section dealing with the abolition of the innovation patent was omitted.  […]

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Examination Procedure of a Standard Patent

By Christy Grobbler PhD Filing a standard patent application is a first step towards obtaining patent protection but it doesn’t end there. In order to obtain enforceable protection, an application needs to be examined and accepted before proceeding to grant. Only once a patent has been granted and is in force is it able to […]

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Protecting Inventions Internationally

By Christy Grobbler PhD Granted Australian patents only protect inventions within Australia. For inventors seeking protection for their invention outside Australia, there are options available. Is there an international or worldwide patent? An international or worldwide patent does not exist.  Foreign patent protection is only available in the form of one or more national patents.  […]

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