IP Law Archives - Page 23 of 58 - Spruson & Ferguson

1st Jul 2019

Genes, genetic applications and patent eligibility: Australia continues to be a gene-patent friendly jurisdiction

Non-invasive prenatal genetic testing based on maternal blood sampling is replacing older invasive forms of testing – a paradigm shift in prenatal medicine. The patent rights associated with these...

Non-invasive prenatal genetic testing based on maternal blood sampling is replacing older invasive forms of testing – a paradigm...

30th Jun 2019

Will the United States Congress Clean-Up the Patent Eligibility Mess?

Steps are currently being taken by the United States congress to address the issue of patent eligible subject matter that has plagued the United States patent system in recent...

Steps are currently being taken by the United States congress to address the issue of patent eligible subject matter...

20th Jun 2019

Case Note Re: Apple Inc v Swatch AG [2019] ATMO 19 (8 February 2019)

Apple Inc. (“Apple”) opposed the extension of protection to International Registrations designating Australia for SWATCH ONE MORE THING (IR no. 1261460/Australian application no. 1715688) and ONE MORE THING (IR...

Apple Inc. (“Apple”) opposed the extension of protection to International Registrations designating Australia for SWATCH ONE MORE THING (IR...

18th Jun 2019

Let the Petitioner Beware: Clearing a path by proactively challenging patents in an IPR may result in a lack of standing to appeal an adverse decision

A recent decision by the United States Federal Circuit (AVX Corporation v Presidio Components, Inc (Fed Cir, No 2018-1106, 13 May 2019)) has clarified the requirements for standing to...

A recent decision by the United States Federal Circuit (AVX Corporation v Presidio Components, Inc (Fed Cir, No 2018-1106,...

6th Jun 2019

The “plausibility” threshold remains low in Australia

The requirement that a patent specification sufficiently enables the subject matter of the claims is particularly relevant to pharmaceutical inventions and can be a hurdle for innovators even if...

The requirement that a patent specification sufficiently enables the subject matter of the claims is particularly relevant to pharmaceutical...

5th Jun 2019

Australia Update: Swole O’Clock Wins Its Battle Against Time

In the case of Swole Gym Wear Group Pty Ltd v Swole O’Clock Ltd FCA 685, the Federal Court dismissed an application for an extension of time to...

In the case of Swole Gym Wear Group Pty Ltd v Swole O’Clock Ltd FCA 685, the Federal...

10th May 2019

The ‘as trustee for’ dilemma – should trust details be disclosed in Australian trade mark applications?

The discretionary trust is a very popular vehicle for carrying on a business in Australia and holding ownership of intellectual property assets. A trust is a relationship between several parties....

The discretionary trust is a very popular vehicle for carrying on a business in Australia and holding ownership of...

9th May 2019

Case Note: Davies V Lazer Safe Pty Ltd [2019] FCAFC 65

This case highlights the importance of construing claims using plain English meaning and not adding a “gloss” to the language of a claim. Background The primary judge held in Davies V...

This case highlights the importance of construing claims using plain English meaning and not adding a “gloss” to the...

6th May 2019

Malaysia Update: Bill of the Trademarks Act 2019

Malaysia is in the midst of acceding to the Madrid Protocol which now allows a trade mark owner to file an international trade mark application through the...

Malaysia is in the midst of acceding to the Madrid Protocol which now allows a trade mark owner...

26th Apr 2019

Australian Rugby League Commission – protecting its brands and golden history through IP

April 26 is World IP Day for 2019, with the theme of “Reach for Gold – IP & Sports”. Spruson & Ferguson and Spruson & Ferguson Lawyers, congratulate...

April 26 is World IP Day for 2019, with the theme of “Reach for Gold – IP & Sports”....

17th Apr 2019

Singapore Patent Office Denial of Post Grant Amendments in Revocation Hearing Founded On Undue Delay and Unfair Advantage

Last month, the Intellectual Property Office of Singapore (IPOS) Patent Registrar invoked its discretionary powers to deny a patentee’s request to enter post grant amendments as a defense in...

Last month, the Intellectual Property Office of Singapore (IPOS) Patent Registrar invoked its discretionary powers to deny a patentee’s...

10th Apr 2019

Spare parts and the ‘repair defence’ against infringement

The Federal Court of Australia (‘the Court’) in GM Global Technology Operations LLC v S.S.S. Auto Parts Pty Ltd has handed down its judgement in relation to, amongst...

The Federal Court of Australia (‘the Court’) in GM Global Technology Operations LLC v S.S.S. Auto Parts Pty Ltd...