The overall Index rank of the top ten countries is largely dominated by the US and Europe. However, this year, together with Singapore at #8 (second year in a row), the Republic of Korea made it into the Index at #10 (up from #11), which means two Asian countries now make up the top 10. Australia came in at #23 …
Update on IP Australia’s Streamlined Extensions of Time Process
As part of its COVID-19 relief measures, IP Australia has announced that the streamlined process for requesting fee-free extensions of time of up to three months on a range of actions will be continued until 31 October 2020. If a streamlined three-month extension of time has already been obtained by an Applicant for a patent, trade mark, or design and …
Using Preliminary Discovery in Your IP Enforcement Strategy in Australia
You have secured your patent rights and are enjoying the fruits of your innovative labour – the benefits that come from supplying a product that outperforms the competition – when a new business appears with an offering that matches your own. You are suspicious that they are using your patented technology (they have no history of serious R&D, so have …
Asahi Succeeds in Defending the Allowability of Its Post-Acceptance Claim Amendments in Opposition Proceedings Brought by EMD
In the latest Australian Patent Office decision to consider the allowability of post-acceptance amendments, the patent applicant, Asahi Kasei Medical Co., Ltd. (Asahi), prevailed over the opponent EMD Millipore Corporation (EMD) in defending its amended claims. EMD opposed the grant of Asahi’s patent application for a porous membrane that is useful for removing, by filtration, viruses and other pathogens from …
IPONZ Trade Mark Systems Error
It has recently come to our attention that the Intellectual Property Office of New Zealand (IPONZ) has mistakenly issued misleading status notifications to WIPO regarding a number of New Zealand trade marks, by incorrectly indicating that the New Zealand designation for the affected International Registrations (“IRNZ”) has been refused or accepted. Consequently, the status of some IRNZ’s is incorrectly displayed …
Timely Reminder to Update Trade Mark Registration When Making a Brand Refresh
Periodic brand refreshes offer several benefits for a business such as staying relevant, distinguishing your business from your competitors, realignment with new or changing values, products or services and reconnecting with customers. Every successful business will need to refresh their brand from time to time. Usually, the essential ‘look’ of the brand is retained, with minor alterations, so that the …
IP Australia to Change Their Official Fees
The Australian Patent Office (IP Australia) will soon implement changes to their fee structure. To assist with an understanding of these changes, we provide a brief summary of the changes and include some proactive recommendations to avoid some significant cost increases. As of 1 October 2020, IP Australia will significantly increase some of their Patent, Trade Mark, Design and Plant …
Proposed Changes to Australia’s Designs Law
Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 The designs system in Australia, regulated by the Designs Act 2003, protects the visual features of a product and a registered design can include the shape, configuration, pattern and ornamentation which, when applied to a product, give it a unique appearance. In recent years, a variety of concerns were raised …
Australia’s Full Federal Court Considers Infringement of Swiss-Style Claims
Mylan Health Pty Ltd V Sun Pharma Anz Pty Ltd [2020] FCAFC 116 Mylan v Sun Pharma is the latest word from the Full Federal Court on the infringement of Swiss-style claims, novelty, inventive step and fair basis. Before the Full Court was three patents relating to fenofibrate, a drug used to treat cholesterol and diabetic retinopathy in patients with …
Opposition Hearings in Social Isolation – The Show Must Go on
Wrays is pleased to advise of its recent success in defending one of its client’s patent applications in opposition proceedings before the Australian Patent Office (Desaln8 Pty ltd v Crisalis International Pty Ltd [2020] APO 30 (24 June 2020)). The opposition hearing was notable because it was held just as COVID-19 lockdown measures were being implemented. The hearing was initially …