23 December, 2014
Spruson Australian Trade Mark Office Decisions Summary October & November 2014

Each month we produce a summary of the Australian Trade Mark Office decisions to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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17 December, 2014
Spruson Australian IP Amendment Bill Tackles Trans-Tasman Initiatives and TRIPS Protocol

As Australian patent applicants, their representatives, and the Australian Patent Office settle into life after the substantial changes to patents legislation brought about by the Intellectual Property Laws Amendment (Raising the Bar) Act 2012, the Parliament of Australia is progressing the next instalment of IP amendments. MORE

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11 December, 2014
Spruson Pepsi Takes the Fizz out of the Coke Bottle

A recent decision of the Federal Court emphasises that although shape trade marks have their place, the context in which they are used will affect the scope of protection they offer. MORE

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04 December, 2014
Spruson High Court has the final say – “ORO” and “CINQUE STELLE” are inherently adapted to distinguish coffee products in Australia

The High Court has handed down its decision in Cantarella Bros Pty Limited v Modena Trading Pty Limited, allowing Cantarella’s appeal and finding that the marks “ORO” and “CINQUE STELLE” are inherently adapted to distinguish the goods for which they are registered from those of other traders. MORE

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04 December, 2014
Spruson Distinct Bite Taken Out of Apple

Apple Inc. v Registrar of Trade Marks [2014] FCA 1304 (3 December 2014). In 2013, Apple requested to be Heard by the Trade Marks Office on the issue and adduced significant evidence of its use of the trade mark APP STORE, as well as survey evidence attesting to the recognition of the APP STORE trade mark by the general public. MORE

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21 November, 2014
Spruson IPH Limited lists on the Australian Stock Exchange

Following recent amendments to the Australian Patents Act 1990 permitting Australian patent and trade marks attorneys to operate in a corporate structure, Spruson & Ferguson has become an incorporated entity and a subsidiary of IPH Limited (IPH). MORE

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12 November, 2014
Spruson Compliance with Section 8 as a ground for revocation in India

According to the Indian High Court, revocation of an Indian patent pursuant to Section 64 due to non-compliance with Section 8 is not automatic. Section 8 requires MORE

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10 November, 2014
Spruson Business Method Patent reconsidered in Australia

The Full Federal Court of Australia today handed down the long-awaited decision in the appeal by Research Affiliates LLC against the Federal Court’s finding that the claims of Patent Application No. 2005213293 were not patentable subject matter. MORE

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10 November, 2014
Spruson Transitional Provisions under the New Zealand Patents Act 2013

The New Zealand Patents Act 2013 (the New Act) replaced the New Zealand Patents Act 1954 (the Old Act) on 13 September 2014. However, a number of transitional provisions are and will be in place for some time to come. MORE

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06 November, 2014
Spruson Extension of Time for PTEs allowed by High Court of Australia

The High Court of Australia by a 3:2 majority yesterday dismissed the appeal by Alphapharm Pty Ltd (“Alphapharm”) against the Full Federal Court of Australia’s decision to allow an extension of time to apply for a patent term extension (PTE) in relation to Australian Patent No. 623144, owned HLundbeck A/S (“Lundbeck”) MORE

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03 November, 2014
Spruson Australian Trade Mark Office Decisions Summary September 2014

Each month we produce a summary of the Australian Trade Mark Office decisions to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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15 October, 2014
Spruson Australian Trade Mark Office Decisions Summary July and August 2014

Each month we produce a summary of the Australian Trade Mark Office decisions to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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10 October, 2014
Spruson シンガポール、WIPOによりPCTの国際機関に指定

2014年9月25日、シンガポール知的財産庁 (IPOS) は、世界知的所有権機関(WIPO) により特許協力条約PCTにおける国際機関に指定されました。これは、2015年初頭に施行される見込みです。 MORE

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09 October, 2014
Spruson Design Protection of Graphical User Interfaces (GUIs) – An Australian Perspective

Applicants of Australian registered design applications have the option of filing a Statement of Newness and Distinctiveness. This article will examine how the protection afforded by an Australian registered design can be maximised by a Statement of Newness and Distinctiveness that suits the specifics of the design to be protected. MORE

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07 October, 2014
Spruson Singapore Appointed by WIPO as an International Authority under the PCT

On 25 September 2014, the Intellectual Property Office of Singapore (IPOS) was appointed by the World Intellectual Property Organization (WIPO) as an International Authority under the PCT. The appointment is expected to be effective by early 2015. MORE

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03 October, 2014
Spruson Patent Prosecution Highway (PPH) Pilot Programme Between the Intellectual Property Office of Singapore and the German Patent and Trade Mark Office

The Intellectual Property Office of Singapore (IPOS) has announced the commencement of a Patent Prosecution Highway (PPH) pilot programme with the German Patent and Trade Mark Office (DPMA). MORE

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26 September, 2014
Spruson Australian Trade Mark Office Decisions Summary June 2014

Each month we produce a summary of the Australian Trade Marks Office decisions to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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16 September, 2014
Spruson IPOS Performance Pledge and Ranking of Singapore for IP Protection

On 4 August 2014, the Intellectual Property Office of Singapore (IPOS) introduced a Performance Pledge for Intellectual Property (IP) Registration. Under this new pledge, a grant of a Singapore patent application may be obtained within 12 months from.. MORE

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05 September, 2014
Spruson Myriad patent upheld by Full Federal Court of Australia

The Full Federal Court of Australia has handed down its long awaited decision in D’Arcy v Myriad Genetics Inctoday, affirming that isolated DNA and RNA are patentable subject matter under Australian law. MORE

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02 September, 2014
Spruson Lapsed patent restoration requirements changed

Singapore has moved to a positive grant patent system with amendments to the Singapore Patents Act and Rules taking effect on February 14 2014. This will affect all Singapore patent applications… MORE

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27 August, 2014
Spruson Where does the scope in substance fall - Claim Construction in Australia

Applicants of Australian registered design applications have the option of filing a Statement of Newness and Distinctiveness. This article will examine how the protection afforded by an Australian registered design can be maximised by a Statement of Newness and Distinctiveness that suits the specifics of the design to be protected. MORE

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12 August, 2014
Spruson Australian Case Note – Halal Certification Authority Pty Limited v Scadilone Pty Limited (2014) FCA 614

Applicants of Australian registered design applications have the option of filing a Statement of Newness and Distinctiveness. This article will examine how the protection afforded by an Australian registered design can be maximised by a Statement of Newness and Distinctiveness that suits the specifics of the design to be protected. MORE

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10 August, 2014
Spruson New Zealand Patents Act 2013 – Why You Should Take Action Before 13 September 2014

Applicants of Australian registered design applications have the option of filing a Statement of Newness and Distinctiveness. This article will examine how the protection afforded by an Australian registered design can be maximised by a Statement of Newness and Distinctiveness that suits the specifics of the design to be protected. MORE

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24 July, 2014
Spruson IP financing scheme launched

On 8 April 2014, the Intellectual Property Office of Singapore (IPOS) announced an IP financing scheme set to catalyse innovation among local companies. The IP financing scheme is part of the government’s initiatives to develop… MORE

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21 July, 2014
Spruson The advantages of a tailor made Statement of Newness and Distinctiveness in an Australian Registered Design

Applicants of Australian registered design applications have the option of filing a Statement of Newness and Distinctiveness. This article will examine how the protection afforded by an Australian registered design can be maximised by a Statement of Newness and Distinctiveness that suits the specifics of the design to be protected. MORE

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16 July, 2014
Spruson Enhanced cooperation between the intellectual property offices of Singapore and Vietnam

On the sidelines of the recently-concluded 44th ASEAN Working Group on Intellectual Property Cooperation meeting in Ho Chi Minh City, a Memorandum of Understanding (MOU) was signed… MORE

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11 July, 2014
Spruson Europe adopts 'black and white' approach to trade marks

On 15 April 2014 the European Trade Mark and Design Network (an organisation focused on achieving common practice amongst European trade mark and design systems) published a communication on the ‘Common Practice of the Scope of Protection of Black and White Marks’. MORE

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10 July, 2014
Spruson 中国「職務発明条例」新草案 – 中国におけるR&Dへの影響

中国国家知識産権局(SIPO)は2014年3月31日、従業員発明者への賞与や報酬に関する「職務発明条例」の新たな草案を発表しました。この新条例は中国で発明を行う従業員発明者の使用者にとって重要な意味合いを持ちます… MORE

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09 July, 2014
Spruson Philippine Update: Deferred Publication of Designs

In a move to permit designers and companies applying for the registration of designs to keep them secret from competitors until these designs are brought to market, Applicants can now opt to file a request for deferred publication of their industrial design application. MORE

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03 July, 2014
Spruson Guidance on Payment of Annuities for Divisional Applications

Section 55.1 of the IP Code provides that, “[t]o maintain the patent application or patent, an annual fee shall be paid upon the expiration of four ‘ (4) years from the date the application was published pursuant to Section 44 hereof, and on each subsequent anniversary of such date. Payment may be made within three (3) months before the due date. The obligation to pay the annual fees shall terminate should the application be withdrawn, refused, or cancelled,” MORE

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01 July, 2014
Spruson Australian Trade Mark Office Decisions Summary May 2014

Each month we produce a summary of the Australian Trade Marks Office decisions to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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27 June, 2014
Spruson Revisions to the Korean Patents Act

Revisions to the Korean Patents Act are due to come into force on 1 January 2015. The more notable changes are summarized in the table below. With regards to PCT applications, a filing date of the PCT application is considered as an effective filing date of the Korean patent application with the Korean Intellectual Property Office. MORE

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20 June, 2014
Spruson Methods of medical treatment confirmed patentable in Australia but not in New Zealand

The patentability of methods of medical treatment has been a long debated issue in patent legislation and different jurisdictions have taken very different approaches to this very controversial question. MORE

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18 June, 2014
Spruson Increased Support for Enforcement Actions by the Philippines Patent Office

The Intellectual Property Office of the Philippines (IPOPHL) will now be able to exercise enforcement functions against those involved in the sale or trade of counterfeit items as part of the rules for the amended IP Code. MORE

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13 June, 2014
Spruson Threatening Infringement Proceedings: When is it Just and When is it Bloodlust?

The right to take legal action against an infringer is what gives a granted patent (or certified innovation patent) its strength. However, care should be taken in how and when this right is exercised. A number of recent Federal Court decisions serve as a reminder of the perils of threatening a perceived infringer with legal action. MORE

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10 June, 2014
Spruson Indian Patent Office Guidelines for Examination of Pharmaceutical Inventions

A problem with the prosecution of Indian patent applications relating to pharmaceutical subject matter has been the inconsistent and non-uniform approach that has been adopted by the four offices of the Indian Patent Office (IPO). MORE

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06 June, 2014
Spruson Be aWARES, Trade Mark SERVICES in Canada Are Changing

There are going to be some big changes to trade marks services (or trade-marks for our Canadian colleagues*) in Canada. On 28 March 2014, the Canadian government introduced the Economic Action Plan 2014 Act as part of a budget Bill. This Bill includes major changes to the Trade-marks Act 1985. MORE

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30 May, 2014
Spruson Australian Trade Mark Office Decisions Summary April 2014

Each month we produce a summary of the Australian Trade Marks Office decisions to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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28 May, 2014
Spruson Material Girl – Misses Out on Extension of Time in Trade Mark Opposition Proceeding

In April 2013 significant changes were introduced to the trade mark opposition process in Australia. These changes included the introduction of a more rigorous test for granting extensions of time to file evidence in opposition proceedings. MORE

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21 May, 2014
Spruson IPOS Initiates Public Consultation on Review of Registered Designs Regime in Singapore

On 16 May 2014, the Intellectual Property Office of Singapore (IPOS) launched a public consultation of a review of the registered designs regime in Singapore. The review relates to the legislation of registered designs, with the objective being to adapt the Singapore design legislation due to recent trends in business and technology. MORE

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20 May, 2014
Spruson Third party actions under the New Zealand Patents Act 2013

As reported by Guy Tucker on 9 January 2014, starting on 13 September 2014 New Zealand will have a totally new statutory regime under which patents will be filed, prosecuted, granted, enforced and challenged. In that previous article, major changes affecting examination of patent applications were discussed. MORE

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16 May, 2014
Spruson New draft on the Regulation of Service Inventions originating from China R&D – implications for employee inventions made in China

The State Intellectual Property Office (SIPO) published another draft on the Regulation of Service Inventions on March 31, 2014 for awards and remuneration of employee inventors. MORE

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16 May, 2014
Spruson IP Australia Releases 2014 Intellectual Property Report

IP Australia, the Australian Government department that manages Intellectual Property Rights in Australia has released a report on the state of play of Intellectual Property Rights in Australia up to the start of 20141. A brief Summary is set out below and a full copy of the report can be found at this link. MORE

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07 May, 2014
Spruson Patent Examination in Australia – Time Frames and Deadlines

Changes to Australian patent law and practice that came into force with the commencement of the Raising the Bar Act on 15 April 2013 mean some significant changes to time frames and deadlines associated with patent examination in Australia. MORE

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06 May, 2014
Spruson To File or not to File: Grace Periods in Australia

With apologies to Shakespeare, the title is often representative of people, notably SMEs and individual inventors, who are keen to develop and commercialise their intellectual property (IP), but are reluctant to seek protection for their IP, for any of a number of reasons. The concept and implementation of grace periods in Australian IP law may provide some solace. MORE

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29 April, 2014
Spruson グラフィカルユーザーインターフェイス(GUI)の意匠登録が、中国で認められるようになります

2014年5月1日より中国国家知識産権局による『専利審査指南』の改正が施行されます。グラフィカル・ユーザー・インターフェイス(GUI)(動的GUIを含む)は、従来、通電状態で表示される図案として意匠権の付与対象外でしたが、この改正により意匠登録として認められるようになります。 MORE

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23 April, 2014
Spruson Design Patent Protection for GUIs in China

The State Intellectual Property Office (SIPO) of China issued a revised Examination Guideline with an effective date of May 1, 2014 that has removed electrified screen designs from excluded matter for design patent protection. MORE

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22 April, 2014
Spruson Australian Trade Mark Office Decisions Summary March 2014

Each month we produce a summary of the Australian Trade Marks Office decisions to provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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22 April, 2014
Spruson Changes to EPO Rules in April and November 2014 are good news for Applicants

Changes to rules for filing divisional applications (from 1 April 2014): Since 1 April 2010, it has been possible to file a divisional application based on a pending European patent application only if… MORE

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08 April, 2014
Spruson IPOS ’ IP Competency Framework to be Adopted by LawSoc, ASPA & IES

Following the launch of the first-of-its-kind Intellectual Property Competency Framework (IPCF) last year, the Intellectual Property Office of Singapore (IPOS) has concluded three new agreements on its adoption today. MORE

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04 April, 2014
Spruson End of the line for service marks in Fiji?

The registrability of service marks in Fiji appears to be under threat. The once usual practice of the Fijian Registrar accepting these marks despite the lack of express provisions may be on its way out in the former British Colony. MORE

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03 April, 2014
Spruson Proposed Fees - The New Zealand Patents Act 2013

The New Zealand Patents Act 2013 (the New Act) received Royal Assent on Friday 13th of September 2013. The New Act will commence fully on 13 September 2014. The Intellectual Property Office of New Zealand (IPONZ) has issued proposals for regulations to be made under the New Act in a discussion document. MORE

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01 April, 2014
Spruson Australian Trade Mark Office Decisions Summary January & February 2014

We have produced a summary of the Australian Trade Marks Office decisions from January & February 2014 which provides practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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13 March, 2014
Spruson Recent Statistics on Operations at the US PTO

Please find attached a presentation from the Patent Public Advisory Committee Quarterly Meeting that was held this month, containing recent statistics on patent operations at the US PTO. MORE

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11 March, 2014
Spruson Australia Enhances Capability to Rectify Patent Register

A decision of the Australian Federal Court in February 2014 provides a prompt for a reminder about changes last year regarding rectification of the Register of Patents (“Register”). On 15 April 2013, the Raising the Bar Act1 (RTB) introduced major reforms to the Australian patent system, including patent procedure changes, as well as raising patentability criteria and patent specification requirements. MORE

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03 March, 2014
Spruson India Information Sheet 2014

The Indian Patent Office (IPIndia) has published an amendment to the Patent Rules, which has come into effect on 28 February 2014. For your ease of reference, we have highlighted the most important changes below. MORE

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18 February, 2014
Spruson Inventive Step Evidence Fails to Find Traction with the Federal Court

Establishing whether an invention involves an inventive step may at times equate to determining the length of the proverbial piece of string. In Cronk v Commissioner of Patents [2014] FCA 37 the applicant for a patent unsuccessfully attempted three different lines of evidence to prove that the subject invention displayed the requisite “scintilla of inventiveness”. MORE

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18 February, 2014
Spruson Inventive in 1952. Not so Inventive in 2014

No component of Australian patent law has invoked as much drama or evolved as much as “inventive step/obviousness”. Obviousness has long been considered an abstract idea. Nevertheless, legislators have progressively attempted to quantify this concept. MORE

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14 February, 2014
Spruson Extensions of Time in Patent Oppositions - Does your request have two legs to stand on?

While the full ramifications of the “Raising the Bar” amendments which made significant changes to the Patents Act 1990 (Cth) and the Patents Regulations 1991 (Cth) are yet to be experienced, one particular area where the impact of the changes is being felt acutely is in the conduct of patent opposition proceedings. MORE

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12 February, 2014
Spruson Australian Trade Mark Office Decisions Summary (November & December 2013)

Whilst most people were off enjoying the summer sun (for those of us in the Southern Hemisphere), we have been busy producing another summary of the Australian Trade Marks Office decisions. This time it is a summer special covering decisions for November and December 2013. We hope that these will provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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24 January, 2014
Spruson Spruson & Ferguson expands with new office in Shanghai, China

Spruson & Ferguson is pleased to announce the continued expansion of its presence in Asia with the opening of its representative office in Shanghai, China. MORE

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20 January, 2014
Spruson The design is mine! No, it is not…

Determining a party’s entitlement to intellectual Property (IP) rights can at times provide even the most experienced IP practitioner with a good measure of discomfort. Any guidance provided by the judiciary on how to tackle an entitlement tussle is accordingly most welcome. foster’s Austrlia Limited v Cash’s (Australia) Pty Ltd [2013] FCA 627 is such a morset. MORE

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09 January, 2014
Spruson Amendments to the Singapore patents act and rules – Effective 14 February 2014

Amendments to the Singapore Patents Act and Rules are due to come into force on 14 February 2014. The amendments will affect all Singapore patent applications lodged in Singapore on or after this date. Please see the attached information sheet for more information on the amendments. MORE

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09 January, 2014
Spruson A Good Omen? - The New Zealand Patents Act 2013

The New Zealand Patents Act 2013 (the New Act) received Royal assent on Friday 13 September 2013. Ignoring any negative aspects associated with the date of assent, the new provisions provided by the New Act have been long awaited ad herald a change in New Zealand that brings the patent law in line with many other modern patent systems. MORE

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24 December, 2013
Spruson Will the Innovation Patent Survive?

The Australian Government’s Advisory Council on Intellectual Property (ACIP) has been tasked to review the innovation patent system amidst concerns of the system being ‘abused’. In an August 2013 Paper1, ACIP outlined a number of options for the future of the innovation patent system, and anticipated that its Final Report – which was due by last year’s end– will recommend one of those options to the Federal Government. MORE

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17 December, 2013
Spruson Dethrowning the ‘Tyre King:’ Federal Court restrains Bob Jane from selling tyres, wheels, batteries and car accessories in his name

On 26 November 2013 Besanko J handed down a decision restraining Bob Jane from using his own name to sell tyres, wheels, batteries and other accessories for cars (see Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd [2013] FCA 1255). MORE

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12 December, 2013
Spruson Australian High Court Confirms Patentability of Medical Treatment Methods

A large number of countries exclude methods of medical treatment from patentability. This reflects an exception to the standard patent rationale of providing incentive for innovation. MORE

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21 November, 2013
Spruson Global Patent Prosecution Highway Pilot – Worthwhile?

Since 14th April 2008, IP Australia and the United States Patent and Trademark Office (USPTO) have participated in a Patent Prosecution Highway (PPH) pilot for accelerated examination. However, from 6th January 2014, IP Australia will join the Global Patent Prosecution Highway (GPPH) pilot that will effectively replace the existing PPH pilot. MORE

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15 November, 2013
Spruson Software & Computer-Related Inventions II – The Static Pendulum

As if to defy Newton’s second law, the metaphysical pendulum charting the state of the law in Australia on the patentability of software and computer-related inventions has been stopped dead. MORE

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31 October, 2013
Spruson Australian Trade Mark Office Decisions Summary October 2013

We have compiled a monthly summary of the most recent Australian Trade Marks Office decisions which provide practitioners and brand owners with a succinct, accessible database detailing current trends in Australian trade marks practice. MORE

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24 October, 2013
Spruson Designs: How close is close enough to infringe?

How close to an Australian registered design does a later design need to be to infringe it? Designs relate to the visual appearance of a product. According to s71 of the Designs Act 2003(Cth), to infringe, a later design must be ‘substantially similar in overall impression’ to a registered design. MORE

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23 October, 2013
Spruson Patentability of Computer Programs in New Zealand: Still Possible

On 28 August 2013, the Patents Bill finally completed its passage through the New Zealand Parliament, passing its third and final reading. Once in force, the new Patents Act (the new Act) will replace the Patents Act 1953 (the current Act), and will tighten the criteria for the patentability of computer programs. MORE

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09 October, 2013
Spruson Australian Trade Marks Office's Fusion on INN Stems

The Australian Trade Marks Office has, in recent years, taken a very strict approach with regard to pharmaceutical trade marks that include a word having an INN stem. However, recent Australian Trade Marks Office decisions appear to indicate a shift in Office practice. MORE

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27 September, 2013
Spruson Case Note: Adidas AG v Pacific Brands Footwear Pty Ltd (No 3) [2013] FCA 905

The Federal Court of Australia recently delivered judgment in Adidas AG v Pacific Brands Footwear Pty Ltd (No 3) [2013] FCA 905, in which Adidas sued Pacific Brands for infringement of its trade mark registration depicting the well-known ‘Three Stripe’ logo, typically placed on the side of its shoes as depicted below. MORE

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24 September, 2013
Spruson New gTLDs – It’s a (.amazon) Jungle Out There

The Internet Corporation for Assigned Names and Numbers (ICANN) is, at last, preparing to roll out the first of the generic Top Level Domains (gTLD). Now is a good time for trade mark owners to ensure they are aware of current gTLD developments. MORE

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16 September, 2013
Spruson Patent Protection in the South Pacific

There has been a significant increase in the use of patents throughout the commercial world as not only a means to protect the investment spent on research and development but also as an instrument of gaining or maintaining market share in a fiercely competitive global market. This growth has led to an increase in the value of patents as an asset particularly in the United States, Europe, Japan and China. MORE

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06 September, 2013
Spruson Software & Computer Related Inventions – The Pendulum Swings Back

Australian patent law over the past 20 years has been quite dynamic as to what constitutes proper subject matter for patenting, or a “manner of manufacture” as it is called in countries which derive their laws from the Statute of Monopolies 1623 (Imp.). MORE

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27 August, 2013
Spruson Holders of security interests on intellectual property should act now

Do you have security interests, such as a mortgage, a charge or a lien on intellectual property? If so, you should be aware of the effect of the Personal Property Securities Act 2009 (Cth) (the PPS Act) on your security interests. You have a 30 January 2014 deadline to act to maintain the priority of your interest. MORE

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22 August, 2013
Spruson News Alert on India & China

The Intellectual Property Appellate Board (IPAB) has issued a decision to revoke two of Allergan’s patents covering the drugs Ganfort and Combigan used in the treatment of Glaucoma; Indian Patent Nos. 212695 (‘695 patent) and 219504 (‘504 patent). The IPAB revoked the patents on finding a breach of Section 8 of the Indian Patents Act. MORE

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20 August, 2013
Spruson Case Note: Woolworths Limited v BP p.l.c. [2013] ATMO 61 (8 August 2013)

On 8 August 2013, the Australian Trade Mark Office delivered a decision in Woolworths Limited v BP p.l.c. [2013] ATMO 61, a trade mark opposition case in which Spruson & Ferguson successfully represented the opponent, Woolworths Limited (“Woolworths”). MORE

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29 May, 2013
Spruson Speedier process for Singapore patent applicants in China

The Intellectual Property Office of Singapore has announced the implementation of a two-year Patent Prosecution Highway (PPH) pilot programme with the People’s Republic of China (SIPO). The pilot programme will commence on 1 September 2013. MORE

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02 April, 2013
Spruson Pharmaceutical Patents Review Recommends Restriction of PTEs/SPCs

In our news alert of 21 November 2012 we drew attention to the Review of Pharmaceutical Patents which was announced by the Australian Government and we raised concerns about the wide ranging remit of the Review, the timing of the Review (over the Christmas/New Year break) and the short period of time (8 weeks!) given for interested parties to respond. MORE

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22 March, 2013
Spruson The new Australian Trade Mark Opposition Procedures in 12 easy (!) steps (EFFECTIVE 15 APRIL 2013)

Subject to any last minute changes to the final draft of the Intellectual Property Lesiglation Amendment (Raising the Bar) Regulation 2013, a new opposition procedure will come into force in Australia on 15 April 2013. MORE

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08 March, 2013
Spruson ICANN - Trade Mark Clearinghouse Launch Date

In mid-2013, the Internet Corporation for Assigned Names and Numbers (ICANN) intends to launch over 1,500 new Generic Top Level Domain Names (gTLDs) which will have significant consequences for brand owners. As part of the launch, ICANN has established a Trade Mark Clearinghouse (Clearinghouse) to assist brand owners in protecting their trade mark rights. MORE

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06 March, 2013
Spruson Federal Court finds inventive step where there is no innovative step - another reason to request examination now

Today the Federal Court handed down its judgment in Delnorth Pty Ltd v Commissioner of Patents [2013] FCA 165 (6 March 2013) in which Spruson & Ferguson Lawyers successfully represented the patentee, Delnorth, in an appeal against an earlier re-examination decision of the Australian Patent Office. MORE

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05 March, 2013
Spruson Case Note: DSI Australia (Holdings) Pty Ltd v Garford Pty Ltd [2013] FCA 132

The Federal Court has delivered judgment in DSI Australia (Holdings) Pty Ltd v Garford Pty Ltd [2013] FCA 132 (28 February 2013), a patent case where the Court found that the relevant claims of the patent lacked an inventive step in which Spruson & Ferguson successfully represented the applicant. MORE

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21 February, 2013
Spruson Case Note: Britax Childcare Pty Ltd v Infa-Secure Pty Ltd [No 3] FCA 1019

Relief for infringement available before publication of any Divisional Innovation Patent.This case concerned alleged infringement of several innovations patents derived from a standard parent application. MORE

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15 February, 2013
Spruson Federal Court of Australia Affirms Patentability of Isolated Nucleic Acids

The Federal Court of Australia today handed down its decision in the case of Cancer Voices Australia & Anor v Myriad Genetics Inc & Ors. The presiding judge, Justice Nicholas, identified the issue in the case as one “of considerable importance”, framing the question to be decided as whether a “valid patent may be granted for a claim that covers naturally occurring nucleic acid that has been isolated”. MORE

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14 February, 2013
Spruson Two Months until the Bar is Raised on Australian patents - Time for Action!

Significant changes to Australian patent law come into effect in two months’ time, on 15 April 2013, with the key provisions of the Intellectual Property Laws Amendments (Raising the Bar) Act2012 taking effect on that date. MORE

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11 February, 2013
Spruson Increased Patent Filings In Papua New Guinea In The Petroleum Industry

The Independent State of Papua New Guinea (PNG) consists of a group of islands, the largest of which is the eastern half of the island of New Guinea. PNG is located in Oceania between the Coral Sea and the South Pacific Ocean, east of Indonesia and north of Australia. MORE

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06 February, 2013
Spruson Google Inc v Australian Competition and Consumer Commission [2013] HCA 1

This was a successful appeal by Google Inc. (Google) to the High Court restoring the decision of the first instance judge of the Federal Court of Australia in Australian Competition and Consumer Commission v Trading Post Australia Pty Ltd [2011] FCA 1086. The Australian Competition and Consumer Commission’s (the ACCC) appeal from that decision to the Full Court had been successful (Australian Competition and Consumer Commission v Google Inc [2012] FCAFC 49). MORE

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