Category Archive

Insights from the DABUS Decision in Australia and Beyond When Machines Invent If a machine conceives of an invention, who gets the credit under the law? Is it the coder, the company, or the code itself? This question was explored globally through Dr Stephen Thaler’s AI system ‘DABUS’, which blurred the lines around inventorship, and challenged existing legal systems built …

High Court grants special leave appeal application in the Otsuka “patent term extension” case In December 2025, the Full Court of the Australian Federal Court issued their decision in Otsuka Pharmaceutical Co Ltd v Sun Pharma ANZ Pty Ltd [2025] FCAFC 161 (The Otsuka decision) It has been widely reported that the Otsuka decision makes patents covering pharmaceutical formulations ineligible …

Registrability and Practical Filing Strategies for Australia, Europe and the United States When considering whether a virtual design can be protected as a registered design, the answer still depends on where you file. In the EU and the United States, protection for screen-based designs is generally achievable if the representations are prepared correctly. In Australia, however, registration is often possible, …

Considerations for Innovators in the Food and Beverage Sector With continuing innovation in the alternative proteins space to meet rising demand for protein (with the global population projected to reach 9.7 billion by 2050),[1] as well as evolving consumer health preferences and environmental concerns, alternative proteins and plant-based foods are big business. However, is using the term “alternative” or “plant-based” …

IP Australia doubles down on patent term extension decision In our previous article we examined the controversial ramifications arising from the Full Court of the Australian Federal Court’s decision in Otsuka Pharmaceutical Co Ltd v Sun Pharma ANZ Pty Ltd [2025] FCAFC 161 (The Otsuka decision). That decision prompted IP Australia to temporarily pause the processing of patent term extension …

High Court of Australia refuses special leave to reconsider the patentability of computer-implemented inventions The High Court of Australia has refused an application by the Commissioner of Patents for special leave to appeal the Full Federal Court’s decision in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131. This brings a significant chapter to a close in …

Formulations are out, but are patent term extensions for certain API patents also at risk? Introduction In December 2025, the Full Court of the Australian Federal Court issued their decision in Otsuka Pharmaceutical Co Ltd v Sun Pharma ANZ Pty Ltd [2025] FCAFC 161 (The Otsuka decision). It has been widely reported that the Otsuka decision makes patents covering pharmaceutical …

The UK Intellectual Property Office (UK IPO) has announced that official fees for patents, trade marks and registered designs will increase from 1 April 2026, subject to parliamentary approval. This marks the first significant fee adjustment at the UK IPO in several years – since 2018 for patents; 2016 for designs, and 1998 for trade marks. The increase in fees is designed …

Safeguarding Cricket and The Ashes Through IP In the highly competitive world of sport, the race to protect ever-evolving intellectual property assets is an ongoing contest, with sporting clubs and associates protecting everything from team names, logos, slogans, and trophies, to inventions used in relation to the sport itself. Cricket is no exception, and few symbols are more iconic (or …

How to Get Real Value From Your IP Advisor Most businesses and inventors meet early on with their intellectual property (IP) advisor to discuss protecting their idea. But the real opportunity lies in using that time to initiate and strengthen IP strategy, develop a plan to attract investment, and to crystalise their competitive edge. When you approach your meeting with …