Category Archive

A recent decision in the Federal Court, Commonwealth Scientific and Industrial Research Organisation v BASF Plant Science GmbH [2020] FCA 328 (13 March 2020), has highlighted the difficulties encountered when trying to make post-acceptance amendments to correct deficiencies in the claims or specification of a patent in Australia. In particular, care must be taken to ensure that there is contextual …

Like something out of a science fiction movie, Celestino’s $5B Sydney Science Park is set to be a world-first in the scientific community. In partnership with private industry and universities, and driven by the new Aerotropolis, the park will be an international epicentre for scientific STEM (Science, Technology, Engineering and Mathematics) education and R&D and is set to be Australia’s …

Many people, even those with significant experience with patents, harbour some misconceptions about the patent system, its advantages and risks. This article debunks a few of the more common mistakes. Only Genius Ideas Can Be Patented An invention need not be a genius idea to be patentable. An  Australian standard patent (which provides 20 years’  protection) requires that the invention …

Wrays is pleased to announce the appointment of Richard Baddeley as a Principal in our Perth Engineering & Technology Group. Richard provides advice on all aspects of intellectual property and has built an impressive track record acting for a range of clients from start-ups to large multinationals. Richard’s background in both chemical and mechanical engineering provides a platform to understand …

Data exclusivity is a significant form of protection to branded pharma in Australia, yet many companies may not be aware of the subtle differences that protection has compared to protection provided by other countries. In Australia, innovators enjoy data exclusivity protection by which certain information provided to the regulatory authority (the Therapeutic Goods Administration of Australia (TGA)) for the purposes …

Australian patent law provides applicants with a ‘grace period’ in certain circumstances permitting disclosure of an invention prior to filing a patent application, provided a complete application is filed within 12 months of the disclosure. Recent decisions from the Australian Patent Office have held that this grace period applies to whole of contents disclosures filed prior to but published after …

Does your business have a cupboard full of trade marks; which have been registered for years and years? that have not been used in a long time or at all? that the business has no intention to use in the future? or which are not being used for all the goods or services for which they are registered? If the …

… But a ‘Silver Lining’ on Patent Office Practice? The Full Court of the Federal Court of Australia handed down its decision today in the appeal of the Commissioner of Patents v. Rokt Pte Ltd [2020] FCAFC 86. In doing so, the Full Court of the Federal Court overturned the decision of a single judge of the Federal Court and …

IP Australia has recently published the results of its first longitudinal research project on the impact of IP rights on Australian business profitability as part of its annual 8th edition of the Australian Intellectual Property Report 2020. The report can be found here. It is no surprise to Wrays that the study finds that ownership of patents, trade marks and …

Nicholas J has rejected the Commonwealth’s claim for damages in the long-awaited decision of Commonwealth of Australia v Sanofi (No 5) [2020], handed down on 28 April 2020 FCA 543. In this proceeding, the Commonwealth sought compensation for its payments under the Pharmaceutical Benefits Scheme (PBS) to subsidise Sanofi’s drug Plavix (clopidogrel). The Commonwealth argued that it had suffered a …