30 November, 2010
Spruson Final Report of a Senate Committee Inquiry into Gene Patents

Further to our recent News Alert on the “Gene Patent Debate” the final report of a Senate Committee Inquiry into the impact of patenting of human genes and genetic materials was presented to Parliament late last Friday. MORE

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25 November, 2010
Spruson The Gene Patent Debate - Bill seeks to exclude biological materials from patentability

Yesterday, NSW Liberal Senator Bill Heffernan, introduced the Patent Amendment (Human Genes and Biological Materials) Bill 2010 into Federal Parliament. The Bill has the potential for significant ramifications for the biotechnology industry in Australia. MORE

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22 October, 2010
Spruson EdSonic Pty Ltd v Cassidy [2010] FCA 1008

A recent Federal Court decision illustrates the importance of not only clearly identifying the nature and scope of an employment relationship, but also carefully considering the status of any pre-existing works which may potentially be further developed or completed during the period of the relationship, and expressly referring to any intellectual property rights which may attach to those works in the contract of employment. MORE

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20 October, 2010
Spruson Federal Court considers “Commissioner’s licence” provisions of the Patents Act

When a patent ceases but is later restored as a result of the patentee obtaining an extension of time in which to do some act in relation to the patent, the Commissioner of Patents has the power to grant a licence to a person who, while the patent had ceased, exploited the patent or took definite steps to exploit it. MORE

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27 August, 2010
Spruson Innovation Pathways Business Method Refused

In a recent decision (Invention Pathways Pty Ltd [2010] APO 10 (21 July 2010)), the Australian Patent Office held that a business method directed to a method for commercialising inventions did not meet the requirements for patentable subject matter. MORE

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21 July, 2010
Spruson Official Fee Changes at IP Australia

The Australian Government has recently approved increases to certain patent fees by IP Australia. The fee increases relate only to patents. Fees relating to trademarks, designs, and plant breeder’s rights remain unchanged. MORE

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29 June, 2010
Spruson Door Kept Open to Patenting of Business Methods in United States

Yesterday, the US Supreme Court handed down its long-awaited decision in the Bilski case, leaving open the door to the patenting of business methods in the U.S., but finding the particular business method at issue unpatentable because the specific method claimed merely involved an abstract idea. MORE

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05 May, 2010
Spruson Federal Court determines that “double patenting” is not a basis for revocation

The term “double patenting” is sometimes used to describe a situation where two patents exist simultaneously on the Register of Patents, whose specifications include one or more claims that define the same invention, and for which the inventors and the priority dates are the same. MORE

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01 April, 2010
Spruson Arbitron v Telecontrol Aktiengesellschaft [2010] FCA 302

Justice Emmett has recently handed down judgment in the above Federal Court proceeding concerning the validity and alleged infringement of a patent relating to the automatic recognition of widely disseminated audio signals such as television and radio broadcasts. MORE

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25 February, 2010
Spruson Shortened timeframe to file European divisional applications

Effective 1 April 2010, the European Patent Office (EPO) is changing its practice by shortening the time limit for filing a divisional application. This will potentially restrict an Applicant’s options to file one or more divisional applications at the EPO. MORE

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05 February, 2010
Spruson USPTO too frugal with patent term adjustments

A welcome recent decision of the U.S. Court of Appeals for the Federal Circuit has forced the U.S. Patent and Trademark Office (USPTO) to calculate patent term adjustments more favourably for owners of U.S. patents than was previously the case. MORE

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25 January, 2010
Spruson Patently Successful - Variable ratio steering for vehicles

This last column is devoted to the work of one of Australia’s most inspiring engineers. Arthur Bishop’s inventions andthe company he founded based on those inventions, Bishop Technology Group, are models of engineering excellence. MORE

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14 December, 2009
Spruson High Court refuses special leave in the first case to consider the validity of innovation patents

An application for special leave to appeal to the High Court from the Full Federal Court’s decision in the Delnorth case (reported in an earlier news alert) was refused in the High Court last Friday, 11 December 2009. MORE

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30 November, 2009
Spruson Patently Successful - A patent that saved a lot of water

Around 1980 Australian engineer Bruce Thompson of Caroma Industries in South Australia patented a particular two-button dual- flush toilet cistern, that today is a standard feature of many bathrooms around Australia. MORE

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14 October, 2009
Spruson USPTO Rescinds Controversial Patent Regulations Package

In a welcome development for U.S. patent applicants around the world, President Barack Obama’s newly appointed Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO), David Kappos, has rescinded highly controversial patent regulations that were proposed by the previous administration. MORE

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25 September, 2009
Spruson Patently successful - Camera mount for smooth panning

When watching documentaries there is likely to be a slow moving show panning across the wilderness or sky. That slow smooth panning shot is actually very difficult to achieve, especially when shooting in rough terrain. MORE

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22 September, 2009
Spruson Important implications for persons who apply to a court for directions to amend a patent

In a recent decision that has important implications for persons who apply to a court for directions to amend a patent, the Federal Court has used its discretion to refuse amendments that were otherwise held to be allowable according to the statutory criteria of allowability. MORE

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08 September, 2009
Spruson Full Federal Court Dismisses UWA v Gray Appeal

The eagerly awaited decision of the Full Federal Court in the appeal against the first instance decision in University of Western Australia v Gray was handed down late last week. This decision has the potential to impact directly on ownership of intellectual property generated in public sector research organisations. MORE

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30 August, 2009
Spruson Patently Successful - Breakthrough for lawn mowing

Victa is one of the best known and loved Australian brands of lawn mowers. But not many people know the patented technology that revolutionised the way lawn mowers were constructed. MORE

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14 August, 2009
Spruson Export Market Development Grants Available for IP Costs

Intellectual Property (IP) is a valuable strategic and financial asset for every organisation. Like any other resource, IP should be carefully managed and opportunities should be sought to exploit and add value from that IP. MORE

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22 July, 2009
Spruson Restrictions on the Parallel Importation of Books

The Productivity Commission released a research report in June 2009 recommending that the present legislative restrictions on the parallel importation of books be repealed because … MORE

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22 July, 2009
Spruson Restrictions on the Parallel Importation of Books

The Productivity Commission released a research report in June 2009 recommending that the present legislative restrictions on the parallel importation of books be repealed because the restrictions place upward pressure on book prices in Australia. MORE

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10 July, 2009
Spruson Ruling Bolsters Grace Period for Divisional Applications

On 1 April 2002, Australian patent legislation introduced expanded “grace period” provisions for disregarding certain disclosures as potential prior art. MORE

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03 July, 2009
Spruson Full Federal Court Considers Innovation Patent on Appeal

As reported in an earlier news alert, in August 2008 a single judge of the Federal Court of Australia handed down his decision on the first case to consider the requirement for an “innovative step” for innovation patents. MORE

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19 June, 2009
Spruson H Lundbeck A/S v Alphapharm Pty Ltd [2009] FCAFC 70

The Full Court of the Federal Court of Australia has recently handed down its decision in the Australian round of litigation relating to Lundbeck’s patent for the antidepressant Escitalopram (marketed as LEXAPRO and CIPRALEX). MORE

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12 June, 2009
Spruson New Facebook usernames and your trade marks

As you may be aware from recent media reports, from tomorrow Facebook will allow users to register a username as part of a second-level domain name, in the form www.facebook.com/username. MORE

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09 June, 2009
Spruson Sigma Pharmaceuticals (Australia) v Wyeth

In the recent Australian Federal Court decision of Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth [2009] FCA 595, Wyeth were successful in preventing Sigma’s launch of a generic version of EFEXOR-XR™ (venlafaxine hydrochloride), the leading antidepressant in Australia in terms of units sold and value of sales. MORE

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16 March, 2009
Spruson Spruson & Ferguson wins the 2009 BRW Client Choice Awards

We are pleased to announce that Spruson & Ferguson has been voted the Best Patent Attorney and Trade Mark Firm in Australia in the 2009 BRW Client Choice Awards. This achievement is the result of “the largest study of the clients of professional services in the world” conducted by Beaton Consulting. MORE

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20 February, 2009
Spruson Intellectual Property Manual for the Engineering Team

Spruson & Ferguson is proud to announce the release of the electronic publication Intellectual Property Manual for the Engineering Team. MORE

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10 February, 2009
Spruson Australian Patent Office Relaxes Requirements for Certified Copies

As a result of amendments to the Australian Patents Regulations that came into force on 1 January 2009, there is no longer a requirement to lodge certified copies of priority applications in respect of Australian patent applications, unless the Australian Patent Office specifically requests such a certified copy. MORE

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