By John King, Principal In most countries, patents are required to be maintained in force through payment of renewals fees, typically annually. Additionally, in most countries, patents can be abandoned intentionally, simply by not paying renewal fees when renewal falls due. However, it seems that this is not the case in Indonesia. For the reasons set out below, we recommend …
An innovative Australia and achieving success – LESANZ Conference
Wrays were pleased to sponsor and actively participate in this year’s LESANZ conference held in Sydney last week. The conference agenda explored the theme ‘Creative to Commercial – Disruption & Opportunities’ and members of the Wrays team were proud to be part of the organising committee collaborating to shape the robust agenda. The speakers covered an array of topics, insights, …
From Start-up to Global Aspirations – XTD
Steve Wildisen, CEO of XTD Innovative Australian media company brings a new era of rail transport communication to the world’s major metro networks. Frank Hurley is joined by Mr Steve Wildisen, CEO of XTD – which stands for ‘cross track digital’. XTD’s Cross Track Digital media system brings a new era of rail transport communications to the world’s major metro networks. XTD …
Productivity Commission proposes big changes
Something Old, Something New Amongst the Commission’s Many Draft Recommendations By Peter Caporn, Principal The Australian Government’s Productivity Commission released its draft report on ‘Intellectual Property Arrangements’ on 29 April 2016 and the draft recommendations are likely to cause a stir. The draft report can be accessed in full here. The draft report makes for a very interesting read. It …
IP Report 2016 published – growth, growth & more growth
The Australian Intellectual Property Report 2016 (the Report) has recently been published and can be accessed here. The Report supports our anecdotal view that the understanding of, and interest in, intellectual property rights amongst Australian businesses and individuals is growing. However, it highlights again the fact that we now have an ‘opportunity’ to turn this into successful commercialisation. The lack …
The intellectual property of remote operation of mine sites – Rio Tinto and possible implications for miners
Author: Peter Caporn We’ve all heard about it. In fact, if there’s a talk being given or an article being written about innovation in mining or resources then it will no doubt make reference to Rio Tinto and their innovative approach to mine site operations. With all this innovation happening there is a level of intellectual property being generated. Once …
Falling in line with reg 5.9! Exploring what it takes to be “reasonable”, “prompt”, “diligent” and “exceptional” during a patent opposition
Author: Donna Meredith Key points With the implementation of the ‘Raising the Bar Act’[1] in 2013, IP Australia tightened the reins on granting extensions of time to file evidence during patent oppositions. The purported aim of the tougher restrictions is to minimise unnecessary delays, resulting in faster decisions and reduced uncertainty.[2] As the dust of the second anniversary of the …
IP Australia Patentability Examination Guidelines
In Australia, eligible subject matter for a patent must define a “manner of manufacture within the meaning of section 6 of the Statute of Monopolies“. Recently, the High Court of Australia (our Supreme Court equivalent) issued its decision in D’Arcy v Myriad Genetics [2015] HCA 35. That decision was the most significant judicial consideration of manner of manufacture since the …
More than a mere tool: Full Federal Court gives guidance on the patentability of software
The Full Federal Court of Australia has recently issued a judgment providing additional guidance on whether computer implemented business methods are patentable. The Patents Act 1990 states that for an invention to be patentable, it must be a ‘manner of manufacture’. In August 2013, Middleton J of the Federal Court of Australia found that the claimed invention (RPL Invention) the …
ACL Review: ACCC to push for the introduction of new and harsher penalties for breaches of the consumer law, and other changes
The ACCC will recommend improvements in a number of key areas such as safety standards, penalties and unconscionable conduct, in the upcoming Consumer Law Review to be conducted by Consumer Affairs Australia and New Zealand in 2016. The Consumer Law Review will review all aspects of the Australian Consumer Law (ACL), including the general prohibitions on misleading and deceptive conduct, …