Category Archive for: ‘Patents’

Patent over plum in a pickle

The liver-protecting, heart-strengthening, immune-boosting and circulation-pumping qualities of exotic flora and fauna are these days common claims being made by cosmetics giants across the world.  The latest plug is in favour of the Kakadu plum, native to Australia.  The Texan cosmetics company, Mary Kay Inc, claims that the combination of extracts from the Kakadu plum and the acai berry produce “synergistic effects” that benefit the skin, due primarily to the high concentration of vitamin C in the plum extract.

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Gene patent amendment bill introduced

On 24 November 2010, the Patent Amendment (Human Genes and Biological Materials) Bill 2010 was introduced in the Senate.  This private Senator’s bill proposes to, among other things, expressly exclude “human beings, and the biological processes for their generation” and “biological materials” (which are defined to include DNA, RNA and proteins) from patentability.  The text of the bill can be found here.

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Gene Patents Inquiry Report

On Friday, 26 November 2010, the long-awaited report of the Senate Inquiry into gene patents was published.

The authors of the 190 page report make a number of comments and recommendations, many of which may have repercussions beyond gene patents.

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Too little too late: CSL Limited v Novo Nordisk Pharmaceuticals Pty Ltd (No 2) and the judicial discretion to amend a patent

CSL Limited and Monash University, the applicants, are the proprietors of an Australian patent in respect of an invention for a stabilised growth hormone and a method of preparation thereof.  The applicants issued infringement proceedings against Novo Nordisk Pharmaceuticals Pty Ltd and other members of the Novo Nordisk group.  The respondents cross-claimed for a declaration of invalidity and patent revocation on the grounds that it lacked an inventive step and that the invention was not novel.

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Amazon.com’s Canadian patent may be just “one-click” away

Amazon.com has won an important stage in a twelve-year battle in Canada over the patentability of its invention entitled “Method and System For Placing A Purchase Order Via A Communication Network”, which simplifies internet shopping by allowing consumers to buy things with a “single click” rather than having to proceed to a “check-out”.  When a consumer visits a website and enters his or her address and payment information, the information is stored in a “cookie”.  On the next visit to the website, the “server” is able to recognise the consumer and r

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The mobile patent battleground in boxes and arrows

For those that, like me, like to see things in boxes and arrows, the Guardian Technology Blog has put together a fantastic diagram that summarises the various patent infringement claims that the big players in mobile technology are making against each other.

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Changes to practice at the Australian Patent Office

Following 18 months of extensive consultations on potential reforms of the patent system, IP Australia has recently implemented a number of changes to examination practices intended to improve the quality of examination and the certainty in the validity of granted patent rights.  The changes relate to:

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Martha Stewart: Don’t let the bed bugs bite

To most people, bedbugs are creatures that only appear in nightmares, but according to recent reports bed bugs are making a comeback in the United States.  The pests are reportedly rising to levels not seen since the 1960s when the bugs were largely eliminated with the (now-banned) pesticide DDT.  Read More

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The patented bow tie – false marking back in the spotlight

If you thought bow ties were only for the old fashioned or the eccentric, think again.  A U.S. lawyer, Raymond Stauffer, has brought the bow tie back into fashion in a ‘false-marking’ suit against Brooks Brothers, a well-known clothing company that also manufactures bow ties. 

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