Category Archive

On 12 October 2020, IP Australia handed down its decision in the Gliknik, Inc. v CSL Behring Lengnau AG [2020] APO 46 opposition in favour of the opponent (Gliknik) on the counts of insufficiency and lack of support. We explain this decision in further detail. Overview Despite the Raising the Bar Act (“RTB Act”) coming into full effect in April …

In Australia, industry and government interest in hydrogen is building, as a future major export and pathway to decarbonisation of the global economy. Hydrogen is the most common chemical in the world and has many uses such as fuel for transport or heating, a way to store electricity, or as a raw material in industrial processes. Hydrogen energy can be …

Merck Sharp & Dohme Corporation v Wyeth LLC (No 3) [2020] FCA 1477. In a recent decision concerning Wyeth’s Prevnar 13 vaccine patents, the Federal Court of Australia has handed down its first detailed consideration of the requirements of support under the Raising the Bar Act, and has confirmed that these requirements are indeed more onerous than the requirements of …

The Australian Federal Court hands down its judgement: Caffitaly System Spa V One Collective Group Pty Ltd [2020] FCA 803. Caffitaly alleged that One Collective’s coffee single-use capsules infringed three of its patents, the 627 Patent, 121 Patent and 388 Patent. A single-use coffee capsule contains coffee granules. The coffee machine pierces the front and rear ends of the capsule, …

In view of the continuing COVID-19 pandemic, IP Australia has decided to continue its streamlined process for requesting free extensions of time of up to 3 months until at least 31 January 2020. IP Australia is extending its COVID-19 relief measures to the end of January to give users of Australia’s IP system more certainty over the coming Christmas and …

The unfair contract terms (UCT) regimes under the Australian Consumer Law (ACL) and the Australian Securities and Investments Commission Act 2001 (ASIC Act) have been high on the reform and enforcement agenda over the last 12 months. Not only has the ACCC commenced proceedings against Fuji Xerox in the Federal Court alleging that its standard form small business contracts contain …

On 12 November 2020, the High Court handed down a landmark judgment affecting the rights of Australian patent owners. Up until this judgment, the position in Australia for over a century had been that anyone obtaining a patented product from the patentee had an implied licence to use it in accordance with ordinary rights of ownership of goods (the implied …

Are you pivoting your MedTech technology, using artificial intelligence, or working in a collaboration? In this IP in Focus Webinar, Wrays’ Bindhu Holavanahalli and Dr Phil Burns will share their IP tips to ensure your MedTech technology and ownership is protected during your innovation journey and through to commercialisation. From understanding what can, and should be patented, to learning about …

We know that when you are innovating in the pharmaceutical industry, it is important to work efficiently whilst ensuring your product or process is safe. This is equally important whilst patenting your innovation. So, how do you make the process of patenting pharmaceutical innovation in Australia and New Zealand streamlined and cost-effective? In this webinar, Dr Penelopy Farbey and Dr …

In the recent decision of Universal Polymers Pty Ltd v Greenzone Pest Innovations Pty Ltd [2020] APO 37, the Australian Patent Office found claims which focus on manufacturing parameter ranges, such as temperature, pressure and so on, may still be found to have an inventive step. We explain this decision in further detail below. Background Greenzone filed a patent application …