Something Old, Something New Amongst the Commission’s Many Draft Recommendations By Peter Caporn, Principal The Australian Government’s Productivity Commission released its draft report on ‘Intellectual Property Arrangements’ on 29 April 2016 and the draft recommendations are likely to cause a stir. The draft report can be accessed in full here. The draft report makes for a very interesting read. It …
IP Report 2016 published – growth, growth & more growth
The Australian Intellectual Property Report 2016 (the Report) has recently been published and can be accessed here. The Report supports our anecdotal view that the understanding of, and interest in, intellectual property rights amongst Australian businesses and individuals is growing. However, it highlights again the fact that we now have an ‘opportunity’ to turn this into successful commercialisation. The lack …
The intellectual property of remote operation of mine sites – Rio Tinto and possible implications for miners
Author: Peter Caporn We’ve all heard about it. In fact, if there’s a talk being given or an article being written about innovation in mining or resources then it will no doubt make reference to Rio Tinto and their innovative approach to mine site operations. With all this innovation happening there is a level of intellectual property being generated. Once …
Falling in line with reg 5.9! Exploring what it takes to be “reasonable”, “prompt”, “diligent” and “exceptional” during a patent opposition
Author: Donna Meredith Key points With the implementation of the ‘Raising the Bar Act’[1] in 2013, IP Australia tightened the reins on granting extensions of time to file evidence during patent oppositions. The purported aim of the tougher restrictions is to minimise unnecessary delays, resulting in faster decisions and reduced uncertainty.[2] As the dust of the second anniversary of the …
IP Australia Patentability Examination Guidelines
In Australia, eligible subject matter for a patent must define a “manner of manufacture within the meaning of section 6 of the Statute of Monopolies“. Recently, the High Court of Australia (our Supreme Court equivalent) issued its decision in D’Arcy v Myriad Genetics [2015] HCA 35. That decision was the most significant judicial consideration of manner of manufacture since the …
More than a mere tool: Full Federal Court gives guidance on the patentability of software
The Full Federal Court of Australia has recently issued a judgment providing additional guidance on whether computer implemented business methods are patentable. The Patents Act 1990 states that for an invention to be patentable, it must be a ‘manner of manufacture’. In August 2013, Middleton J of the Federal Court of Australia found that the claimed invention (RPL Invention) the …
ACL Review: ACCC to push for the introduction of new and harsher penalties for breaches of the consumer law, and other changes
The ACCC will recommend improvements in a number of key areas such as safety standards, penalties and unconscionable conduct, in the upcoming Consumer Law Review to be conducted by Consumer Affairs Australia and New Zealand in 2016. The Consumer Law Review will review all aspects of the Australian Consumer Law (ACL), including the general prohibitions on misleading and deceptive conduct, …
Part 2: “Working Together” as a core pillar of the Innovation & Science Agenda
Following on from Tuesday’s e-newsletter regarding the government’s National Innovation and Science Agenda, we’ve taken a closer look at a key focal point of the Agenda that centres on collaboration – ‘Working Together’. The ‘Working Together’ aspect of the Agenda focusses on translating Australia’s R&D output into commercial outcomes. It is designed to drive stronger collaboration between research bodies and industry, …
Thickeners – not so obvious after all
Author: Peter Caporn In a recent patent opposition case before a Delegate of the Commissioner of Patents a patent application by the CSIRO for a thickener (an apparatus for flocculation) with a unique feedwell design has been upheld and the opposition by Outotec Oyj denied. The full decision Outotec Oyj v Commonwealth Scientific and Industrial Research Organisation [2015] APO 78 …
Avoid going bust in the new Ideas Boom
Author: David Chin “Welcome to the ideas boom” opens the Australian Government’s much anticipated Innovation Statement, which contains broad ranging initiatives to encourage innovation as a long-term driver of Australia’s economy. To promote greater access to venture capital, particularly for startups and the research sector, most of the dramatic initiatives seek to build a culture that embraces and rewards risk. These measures include significant tax incentives …