Applying to Change the Name of the Applicant or the Nominated Person

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The present article is our seventh in the series discussing patent ownership and entitlement, following on from our previous topics of discussion concerning: (i) how patent ownership is distinct from the concept of entitlement, (ii) how entitlement disputes between joint applicants may be resolved, (iii) how eligible persons can seek to apply for a determination […]

Rectifying Errors on the Patent Register: Court Orders

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The present article is our sixth in the series discussing patent ownership and entitlement, following on from our previous topics of discussion concerning: (i) how patent ownership is distinct from the concept of entitlement, (ii) how entitlement disputes between joint applicants may be resolved, (iii) how eligible persons can seek to apply for a determination […]

WIPO Update: Long-Awaited IP Treaty for Genetic Resources and Associated Traditional Knowledge

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24 May 2024 marked a historic moment, wherein World Intellectual Property Organization (WIPO) member states approved of a new Treaty that is the first to look towards the interface between intellectual property, genetic resources, and traditional knowledge. This approval follows from long-standing negotiations that began over two decades ago, back in 2001 and represents a […]

Rectifying Errors on the Patent Register: The Commissioner’s Power

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The present article is our fifth in the series discussing patent ownership and entitlement, following on from our previous topics of discussion concerning: (i) how patent ownership is distinct from the concept of entitlement, (ii) how entitlement disputes between joint applicants may be resolved, (iii) how eligible persons can seek to apply for a determination […]

Challenging Patent Entitlement As an Eligible Person

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Following on from our previous articles where we have discussed how patent ownership is distinct from the concept of entitlement and also how entitlement disputes between joint applicants may be resolved under Section 32 of the Patents Act 1990 (“the Act”), the present article provides further information on how eligible persons can apply for a […]

Entitlement Disputes Between Joint Patent Applicants

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In our previous article of this series, we introduced the concepts of patent ownership and entitlement and how these are distinct from one another yet related in very important ways. In the present article, we will be talking about the standard of proof that is required for entitlement disputes in Australia, and will explore one […]

Understanding the Intricacies of Patent Ownership and Entitlement

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More often than not, patent ownership and entitlement are concepts which may be confusing to many, and whilst they are related they are also distinct from one another. This article series discusses some of the considerations that should be given towards the concept of patent ownership and entitlement, which should help in minimizing or avoiding […]

Patenting in the Immunotherapy Space: Post-filing in Australia, Europe, and the US

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In our article series for patenting antibodies in Australia, the US and in Europe, one of the issues raised during our general discussions surrounded the criteria for support and enablement, as well as for inventive step in applications within this space. The main concern was what would happen if these objections were raised during prosecution […]