13 December, 2018
Spruson Australian Patent Office Rokt and Rolled: Federal Court Finds Computer Implemented Invention Patentable

The Australian Federal Court has overturned a decision by the Commissioner of Patents and concluded that a computer implemented business method is patent eligible subject matter. In doing so, the Federal Court has clarified in Rokt Pte Ltd v Commissioner of Patents [2018] FCA 1988 that the correct approach when assessing patentable subject matter is to consider the combination of integers as claimed. MORE

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12 December, 2018
Spruson Case Note: H Lundbeck A/S & Anor v Sandoz Pty Ltd

A recent decision of the Federal Court of Australia has demonstrated that the launch of a pharmaceutical product by a generic company even after expiry of the standard term of the relevant patent, in circumstances where there is still a possibility of patent term extension, can entail significant risk if that extension of term is subsequently granted. MORE

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05 December, 2018
Spruson China SPC to establish a Specialised IP Court at the National Level

On 26 October 2018, the Standing Committee of China’s National People’s Congress (NPC) issued a Decision to introduce a new IP Court of Appeals at the national level within the Supreme People’s Court (SPC) effective from 1 January 2019. MORE

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29 November, 2018
Spruson New Zealand Update: Proposed Changes in Patent Legislation and Fees

In this article, we review some recent developments, including:
– Upcoming examination request deadlines and a change in practice at the Intellectual Property Office of New Zealand (IPONZ);
– Proposed increases to official fees; and
– Possible introduction of ‘Disclosure of Origin’ requirements.

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28 November, 2018
Spruson Descriptive Composite Marks – Are They Worthwhile?

One of the most common questions people usually ask is what type of mark to file for?
A business will often use all three types of mark. For instance, their word mark may form the core brand of their business, but their device mark might also be prominent in their packaging, on their website, and on promotional and marketing materials. They may also use the two combined into a composite mark at times. MORE

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22 November, 2018
Spruson Singapore Becomes an IP Hub for Innovative Russian Enterprises

IPOS International (IPOS-I), the international division of the Intellectual Property Office of Singapore (IPOS), and Russian venture capital fund and accelerator Internet Initiatives Development Fund (IIDF) recently inked a memorandum of understanding (MOU), witnessed by Singapore Senior Minister of State for Trade & Industry, Dr Koh Poh Koon, and Russian Deputy Prime Minister, Maxim Akimov, for Singapore to become an “IP hub” for innovative Russian enterprises. MORE

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21 November, 2018
Spruson ASEAN PATENTSCOPE

The Association of Southeast Asian Nations (ASEAN) has launched the ASEAN Patentscope making up-to-date online ASEAN patent data available to patent search firms, patent attorneys and innovators seeking to commercialize their innovations in the ASEAN region. MORE

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20 November, 2018
Spruson ミャンマー最新情報 - 商標出願に関する新しい言語要件

ミャンマーでは現在、商標は登録法に基づいて登記機関(Registry of Deeds)に登録されています。

公証かつ公印確認された委任状を所有権宣誓書をとともに登記機関に提出することにより、商標は登録されます。商標の所有権宣誓書を提出するためには、以下の書類および情報が必要とされています。 MORE

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15 November, 2018
Spruson Whose Invention is it Anyway? 5 Questions on Patent Ownership that Inventors and Patent Owners Should Always Be Prepared to Answer

Establishing the correct ownership and inventorship of a patent right is an important foundation of IP basics which tends to be overlooked by many inventors and patent owners. MORE

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13 November, 2018
Spruson Sigma Pharmaceuticals Case Clarifies Aspects of Compensable Loss

The recent decision in Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth [2018] FCA 1556 has clarified, among other things, a number of issues concerning compensation arising from the usual undertaking as to damages that is required for an interlocutory injunction. MORE

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13 November, 2018
Spruson インドネシア特許 - 未払い年金を支払わなければ新規出願は拒否

インドネシア知的財産総局(DGIP)が、最近になり、一部の特許所有者に対して、未払い年金があり、かつ6ヶ月以内に未払い年金を支払わない場合には、新しい特許出願を受理しないとする旨の公式通知の発行を開始いたしました。 MORE

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02 November, 2018
Spruson Spruson & Ferguson's Team will be at APAA 2018

Members of Spruson & Ferguson’s Asia-Pacific Patent & Trade Marks teams will be attending the 2018 APAA Conference in New Delhi, India. Please don’t hesitate to get in touch if you would like to arrange a meeting. We look forward to seeing you there! MORE

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31 October, 2018
Spruson Myanmar Update - New Language Requirements for Trademark Applications

In Myanmar, trademarks are currently registered at the Registry of Deeds under the Registration Act. Trademarks are registered by filing a Declaration of Ownership at the Registry of Deeds, along with a notarized and legalized Power of Attorney. MORE

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25 October, 2018
Spruson Australia Update - IP Australia Intervenes in Software Court Case

The appeal of Encompass Corporation Pty Ltd & Anor v. Info Track Pty Ltd (Encompass) to the Full Federal Court of Australia on 8 May 2018 is expected to have significant effects on the patentability of computer-implemented inventions in Australia. MORE

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24 October, 2018
Spruson Extension of Term for Pharmaceutical Patents in Australia – Overview and Recent Developments

The Australian Patents Act (the Act) has provisions for extending the term of standard patents which relate to pharmaceutical substances. These provisions are based on the premise that a significant portion of the term of a pharmaceutical patent available to the patentee is used up in the process of obtaining regulatory or marketing approval before sales of the related drug (pharmaceutical substance) can commence. MORE

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16 October, 2018
Spruson Patents of Addition: A Strategy to Protect Improvements or Modifications in an Invention in Australia and New Zealand

With Australia’s second tier innovation patent system set to be phased out, as we have reported previously, this will remove an option for protecting improvements in Australia with a lower level of ‘inventiveness’ (when compared with the prior art) than is required for a standard patent. MORE

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09 October, 2018
Spruson Singapore Court of Appeal upholds determining factors for inventorship and ownership

On 28 August 2018, the Singapore Court of Appeal issued its decision on Cicada Cube Pte Ltd v National University Hospital (Singapore) Pte Ltd [2018] SGCA 52. The judgement involved the determination of ownership and inventorship of a Singapore patent, as well as the interpretation of Section 47(9) of the Singapore Patents Act regarding the time limit to bring such entitlement actions. MORE

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05 October, 2018
Spruson Computer Implemented Inventions in Australia - Apple Inc. [2018] APO 54 (20 August 2018)

Background Australian patent application 2015298710 (the “application”) was filed on 7 June 2015 by Apple Inc. (“Apple”). The invention related generally to computer user interfaces, and … MORE

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28 September, 2018
Spruson Indonesia patents – pay outstanding annuities or new applications will be refused

It has come to our attention that the Indonesia Directorate General of Intellectual Property (DGIP) has recently started issuing formal notices to some patent owners, informing them that they have outstanding annuities and failure to pay the outstanding annuities within six months will result in the DGIP refusing new patent applications. MORE

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27 September, 2018
Spruson Clarification on Data Collection Requirements for Patent Term Extensions: Section 76A Repealed

Patentees applying for patent term extensions (PTE) in Australia may be familiar with section 76A of the Patents Act 1990, which required that the Department of Health be notified of details of the amount and type of funds (both Commonwealth funds, and in total) spent in the research and development of the drug that is the subject of the PTE. MORE

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