Category Archive

Australian filers of PCT applications are set to receive some welcome financial relief as the Australian patent office (IP Australia) will be adjusting their fees for PCT-associated patent filings, effective from 1 August 2020.   International PCT Fees Fee Type Current Fee (AUD) New Fee (AUD) 1 Transmittal Fee $200 $200 2 International Search Fee $2200 $2200 3 International Filing …

The Intellectual Property (Productivity Commission Response part 2 and other Measures) Bill 2019 (the Bill) received Royal assent on 26 February 2020, resulting in the introduction of amendments to The Patents Act 1990 (Cth), (the Act), to include cross references to Section 40(3A) with the effect that Section 40(3A) is now available as a ground for refusal of amendments after …

Taking effect from 6 May 2020, the operation of section 127(1) of the Corporations Act 2001 (Cth) has been modified by the Corporations (Coronavirus Economic Response) Determination (No. 1) 2020 to temporarily allow electronic execution of documents by companies for the next 6 months after the effective date. The category of persons who may execute a document on behalf of …

China signed Phase I of a multi-part trade agreement with the US on 15 January 2020 (The Economic and Trade Agreement between the USA and the PRC). The Intellectual Property aspects are covered in Chapter 1 of the Agreement. As a result, there will be developments in Chinese patent law to bring the enforcement of intellectual property matters closer to …

When people think of patents it is typically with reference to physical products or apparatus as this provides an easy way in which to visualise the patented invention. Processes (or methods) can similarly be patented and such patents are used extensively in the mining industry to protect new mineral processing technologies. But without a physical product to provide a reference, …

One of the most fertile grounds for disputes relating to inventions, and patents, is the question of who owns the invention or patent. We are reminded of this year after year as cases relating to the ownership of inventions come before the Australian Patent Office and the Australian courts. There are two considerations involved. Firstly, who is or are the …

As a startup, you have probably got a lot on your to-do list, from completing your MVP to refining your business model and planning your strategy. So where does intellectual property (IP) fit into all of this? Do I have time? Do I have the budget? And why should I make IP a priority over all the other important stuff …

Woolworths, one of the largest supermarket chains in Australia, has been fined $1,003,800 for its repeated breaches (more than 5 million) of the SPAM Act 2003 (Cth) (Act) between October 2018 and July 2019. This is the largest fine ever issued by the Australian Communications and Media Authority (ACMA). Additionally, in a 3-year court-enforceable undertaking, Woolworths agreed to: appointing an …

… and perhaps finally a change in practice at the Australian patent office?!! Following hot on the heels of a judgement of the Full Court of the Federal Court of Australia we reported on just a few short weeks ago, the Federal Court handed down another much-anticipated decision about a week ago in Aristocrat Technologies Australia Pty Limited v Commissioner …

Over the past few months if not years, applicants may have observed delays in the commencement of examination after filing their patent application in Australia. These delays do not appear to be COVID-19 related. Rather, they appear to be a function of ordinary business operations. Gaining patent protection in Australia may have positive benefits to the applicant’s overall patent strategy, …