Federal Court drills down to “core” of patent to find essential features

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Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd [2023] FCAFC 178 The sufficiency requirement established under the Raising The Bar (RTB) amendments back in 2013 has now, for the first time, been the subject of an appellate-level decision of the Federal Court. Background Jusand Nominees Pty Ltd brought an assertion of infringement of their […]

Update on Patentable Subject Matter in Australia

Grey Marble Column Details On Building

Since our last update on the patentable subject matter issue in 2022, we have had a somewhat unsatisfying “decision” from the High Court on the issue of patentable subject matter in Australia and continuing frustrations for patent applicants appearing before IP Australia. We have continued to monitor the outcomes of hearings before IP Australia relating […]

Client Spotlight: Monchball

Many dog owners want to give their beloved furry companions treats that are both delicious and will keep them occupied. For this reason, bully sticks are a popular all-natural treat suitable for a wide range of dogs on a variety of diets. However, Bart Lee and Claire Riley know all too well that these beef […]

Advantages of combining trade mark and design registration

So you’re considering launching a new range of products under a clever and exciting name you’ve come up with. The product itself has existed in the marketplace for a long time so you know a patent isn’t the way to go. You might have heard of trade marks and design registrations before but aren’t quite […]

The European Unitary Patent and Unified Patent Court

After many years of “will they or won’t they?”, much negotiation and a Brexit disruption, the Unitary Patent is finally, almost, here. What is the Unitary Patent? Generally, the UP will be a European patent, granted by the European Patent Office (EPO), that will have unitary effect across all participating UP Member States of the […]

DABUS encounters another obstacle in US Appeals Court

A United States Federal Circuit Appeals Court has reaffirmed that an artificial intelligence system is not a legally recognised inventor under United States patent law.  Despite Dr Stephen Thaler, the creator of the Device for the Autonomous Bootstrapping of Unified Sentience (DABUS) which was alleged to be an inventor for the purposes of a patent, […]

Patentable Subject Matter Uncertainty Reigns Supreme for IP Australia

In yet another hearing conducted by IP Australia on the issue of whether an application contained any patentable subject, it was found that application no. 2019261672 to Accenture Global Solutions Limited for a Cryptologic Coordinated Symmetric Conditional Key Release did not, in fact, include any material that would provide for a claim that defines an […]

Mexican Patent Law Update

Divisional practice in Mexico is set to receive an overhaul next month which will restrict an applicant’s opportunity to lodge a divisional application from a patent application that has completed examination. Following a recent decision issued by the Mexican Courts on 15 July 2022, no divisional applications from an original application examined under the Industrial […]

Aristocrat and Repipe take the battle to the High Court

The patentable subject matter battle being waged between the Commissioner of Patents and patent applications for the last decade may be taken to the High Court this year. Following unfavourable opinions in the Full Federal Court of Australia, Aristocrat Technologies Australia Pty Ltd and Repipe Pty Ltd have filed applications for special leave to appeal […]

Jamaica joins Madrid Protocol

In some exciting news for trade mark applicants, on 27 March 2022, Jamaica will become the 110th member of the Madrid System and the 126th country able to be designated for trade mark protection under the Madrid Protocol. For those of you who are not already aware, the Madrid Protocol offers a cost-effective and straightforward […]