News

27th Jul 2021

Bianca-Moden GmbH & Co. KG v Bianca and Bridgett Pty Ltd [2021] ATMO 30 (15 April 2021)

In this case, prior registrations for BIANCA did not prevent the registration of the BIANCA AND BRIDGETT trade mark for the same goods. Bianca and Bridgett Pty Ltd filed an...

In this case, prior registrations for BIANCA did not prevent the registration of the BIANCA AND BRIDGETT trade mark...

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23rd Jul 2021

Instructions not received – how hard should we follow up?

The Australian Patent system is relatively forgiving in terms of missed deadlines.  The Patents Act provides extensions of time for complying with most deadlines, provided that a genuine error...

The Australian Patent system is relatively forgiving in terms of missed deadlines.  The Patents Act provides extensions of time...

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22nd Jul 2021

Singapore: updated guidance on validity of priority claims and unity objections

The Intellectual Property Office of Singapore (IPOS) has issued an update to the Examination Guidelines for Patent Applications on March 2020 to provide further guidance on validity of priority...

The Intellectual Property Office of Singapore (IPOS) has issued an update to the Examination Guidelines for Patent Applications on...

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20th Jul 2021

Brand Protection and the Tokyo 2020 Olympic Games

After a COVID-induced “false start” last year, the International Olympic Committee (IOC) and Japanese Government decided to proceed with the “2020” Tokyo Olympic Games last month. Following reports that...

After a COVID-induced “false start” last year, the International Olympic Committee (IOC) and Japanese Government decided to proceed with...

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20th Jul 2021

An Australian first: opposition to a surrender of a patent

In a recent decision by the Australian Patent Office (Michael John Arieni v Sun-Wizard Holding Pty Ltd APO 20), Spruson & Ferguson has been successful in the first...

In a recent decision by the Australian Patent Office (Michael John Arieni v Sun-Wizard Holding Pty Ltd APO...

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16th Jul 2021

Pharmaceutical patent term extension update: the Commissioner appeals the Ono decision and the Australian Patent Office releases a practice update

The Australian Patent Commissioner has appealed the Federal Court decision of Ono Pharmaceutical Co, Ltd v Commissioner of Patents FCA 643 (“Ono”) relating to pharmaceutical patent term extensions...

The Australian Patent Commissioner has appealed the Federal Court decision of Ono Pharmaceutical Co, Ltd v Commissioner of Patents...

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15th Jul 2021

Dead or Alive: Statuses, Patent Expiries and Kind Codes – Part 2

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. This second instalment looks at patent...

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

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13th Jul 2021

Double patenting in New Zealand – you possibly didn’t need an oracle to see this one coming

Double patenting has been seen as a significant issue in New Zealand patent law ever since the introduction of the Patents Act 2013 – and with it, the removal...

Double patenting has been seen as a significant issue in New Zealand patent law ever since the introduction of...

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13th Jul 2021

Australia not in “Harmony” with US: Australia upholds the patentability of diagnostic methods involving natural phenomena

The Federal Court of Australia has upheld a decision to allow patents to diagnostic methods involving the practical application of natural phenomena (including nucleotides) in the case of Ariosa...

The Federal Court of Australia has upheld a decision to allow patents to diagnostic methods involving the practical application...

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8th Jul 2021

China update – patent linkage system in China: judicial provisions and administrative measures come into effect

We recently reported the Measures for Implementation of an Early Resolution Mechanism for Pharmaceutical Patent Disputes (Trial Implementation) which came into effect on 4th July 2021. These measures cover...

We recently reported the Measures for Implementation of an Early Resolution Mechanism for Pharmaceutical Patent Disputes (Trial Implementation) which...

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8th Jul 2021

Spruson & Ferguson receives multiple rankings in Managing IP’s “IP STARS 2021” in patent category

Following our MIP IP trade mark rankings announcement earlier this year, Spruson & Ferguson has also received multiple rankings in patent related matters across our various jurisdictions in the...

Following our MIP IP trade mark rankings announcement earlier this year, Spruson & Ferguson has also received multiple rankings...

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7th Jul 2021

Validity and infringement of diagnostic method claims

Ariosa Diagnostics, Inc v Sequenom, Inc FCAFC 101 The Full Court of the Federal Court of Australia has confirmed that Sequenom’s diagnostic method of detecting fetal DNA in maternal...

Ariosa Diagnostics, Inc v Sequenom, Inc FCAFC 101 The Full Court of the Federal Court of Australia has confirmed...

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