News

8th Sep 2021

Spruson & Ferguson and Shelston IP to combine as one firm

IPH Limited (ASX:IPH), the leading intellectual property (IP) services group in the Asia-Pacific region, today announced that two of its member firms, Shelston IP and Spruson & Ferguson Australia,...

IPH Limited (ASX:IPH), the leading intellectual property (IP) services group in the Asia-Pacific region, today announced that two of...

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7th Sep 2021

Temporary changes bring certainty once again for electronic and split execution of documents for Australian corporations

The uncertainty surrounding split and electronic execution of documents has caused difficulties for Australian companies during the ongoing COVID-19 pandemic, particularly following the expiry of temporary measures under the...

The uncertainty surrounding split and electronic execution of documents has caused difficulties for Australian companies during the ongoing COVID-19...

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2nd Sep 2021

Clinical Trial Roulette: patenting pharmaceuticals in Australia is now a game of chance

While the case of Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd1 (‘Mylan v Sun Pharma’) was decided a little over a year ago, some of the...

While the case of Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd1 (‘Mylan v Sun Pharma’) was...

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30th Aug 2021

Australian Designs – Bill now passed

The Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (the Bill) was recently passed by both houses of Parliament and will soon be presented to the Governor...

The Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (the Bill) was recently passed by both houses...

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26th Aug 2021

Dead or Alive: Statuses, Patent Expiries and Kind Codes – Part 3

I'm exploring statuses, patent expiries and kind codes in a three part series of articles.  The first article on statuses can be found here, and the second article on...

I'm exploring statuses, patent expiries and kind codes in a three part series of articles.  The first article on...

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26th Aug 2021

The Australian Federal Court removes a pharmaceutical patent term extension because of the patentee’s own earlier registered goods

In Merck Sharp & Dohme Corp. v Sandoz Pty Ltd FCA 947, the Federal Court of Australia has determined that a pharmaceutical patent term extension (PTE) for a...

In Merck Sharp & Dohme Corp. v Sandoz Pty Ltd FCA 947, the Federal Court of Australia has...

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24th Aug 2021

Practice note: what to do with medical use claims when employing the foreign route of prosecution in Singapore

Up until 1 January 2020, the Foreign Route was an available patent prosecution option of a Singapore application having a local or international filing date prior to 1 January...

Up until 1 January 2020, the Foreign Route was an available patent prosecution option of a Singapore application having...

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18th Aug 2021

Patent term extensions in Australia: Can a “first regulatory approval” less than 5 years after the patent filing date be ignored?

Australia’s Federal Court Decision, Merck Sharp & Dohme Corp. v Sandoz Pty Ltd FCA 947, concerns a patent claiming two pharmaceutical substances having different first regulatory approval dates;...

Australia’s Federal Court Decision, Merck Sharp & Dohme Corp. v Sandoz Pty Ltd FCA 947, concerns a patent...

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17th Aug 2021

A need for “rescue” for traders who “borrow” aspects of the get up of competitor products

Case note on Martin & Pleasance Pty Ltd v A Nelson & Co Ltd FCAFC 80 In the recent decision of Martin & Pleasance Pty Ltd v A Nelson...

Case note on Martin & Pleasance Pty Ltd v A Nelson & Co Ltd FCAFC 80 In the recent...

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13th Aug 2021

Why cannot our creations also create

Thaler v Commissioner of Patents FCA 879 The Australian Federal Court has remarkably overturned an earlier hearing decision by the Australian Patent Office concluding that an Artificial Intelligence (AI)...

Thaler v Commissioner of Patents FCA 879 The Australian Federal Court has remarkably overturned an earlier hearing decision by...

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12th Aug 2021

Australian trade mark decision a ‘bugbear’ for New Zealand honey producers

Battle lines have been drawn again between New Zealand and Australia in a recent trade mark decision from the Australian Trade Marks Office of Manuka Honey Appellation Society Incorporated v...

Battle lines have been drawn again between New Zealand and Australia in a recent trade mark decision from the...

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10th Aug 2021

A.D. Padmasingh Isaac trading as Aachi Spices and Foods v Ragopika Pty Ltd [2021] ATMO 47 (4 June 2021)

On 22 February 2018, Ragopikia Pty Ltd (the Applicant) applied to register the trade mark AACHI INDIAN CUISINE for “restaurant services” and “fast food outlet” in class 43. The...

On 22 February 2018, Ragopikia Pty Ltd (the Applicant) applied to register the trade mark AACHI INDIAN CUISINE for...

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