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 […]

Implications of Generative AI for Intellectual Property  

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The rise in prominence of generative AI has brought about changes in the way the world operates in many respects, and continues to change the legal and professional landscape as its capabilities develop.   The term generative AI refers to artificial intelligence models which can generate new content after learning to recognise patterns and structures within […]

From Academia to IP Law: Making the Transition

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I was unsatisfied and unfulfilled in STEM Academia. Now I am training to be a Patent and Trade Marks Attorney. If you know, you know – Academia can be rough. The short-term contracts. Unpaid outreach work, unpaid peer review. The 80/20 research/teaching contract that is more like 10/110. Knowing that your research project could really progress […]

Entitlement disputes between joint patent applicants

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In our previous article 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 of the many […]

World IP Day 2024 – IP and 17 Sustainable Development Goals

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April 26th is a very special day in the IP community: World Intellectual Property Day. The World Intellectual Property Organisation (WIPO) established World IP day in 2000, and since then it has been used as an opportunity to reflect on how intellectual property (IP) impacts lives across the globe. This year, World IP Day focuses […]

A Day in the working life of an Australian Attorney: Q & A with Caleb Maher

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Intellectual property (IP) is such an interesting mix of law and commercial practicality. While it is a niche area, working in IP means we get to meet with people and business owners from all industries, see all the innovative work they’re doing, and help them achieve IP protection for their brands, products and services. The […]

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 […]

Future’s bright, but it might not be orange

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There has been an interesting decision recently at the second highest level in Europe relating to a trade mark dispute relating to the colour orange for champagne. This article reviews the European decision and provides commentary on the Australian approach to trade mark protection for colours. The authors have particular expertise in protecting IP rights […]