Way more than an everyday interest in IP
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The full Federal Court in Mont Adventure Equipment Pty Ltd v Phoenix Leisure Group Pty Ltd [2009] FCAFC 84 has held that a divisional patent application can rely on the filing date of its parent application and therefore claim the benefit of the 12 month grace period. Read our full alert here.
In the recent decision Wake Forest University Health Sciences v Smith & Nephew Pty Ltd, an alleged patent infringer has been allowed to continue supplying its foam dressing kits for product evaluation purposes (such as tender processes), free of charge, notwithstanding the grant of an interlocutory injunction. This limitation of the scope of the injunction is interesting in light of the recent trend in favour o read more…
The Full Federal Court has given further content to the concept of ‘innovative step’ contained in the Patents Act 1990 innovation patent system. On Tuesday, the Court handed down its decision in Dura-Post (Aust) Pty Ltd v Delnorth Pty Ltd [2009] FCAFC 81, rejecting Dura-Post’s appeal from a decision of Gyles J that certain relevant claims of Delnorth’s innovation patents (for roadside posts) were valid and infringed. The Full Court’s decision only relates to questions of validity and, in partic read more…
On Tuesday 9 June, I attended an IPRIA seminar at which Kimberlee Weatherall (UQ) and Assoc Prof Beth Webster (Melbourne) of IPRIA presented the res read more…
The US Federal Circuit recently held that when seeking a declaratory judgment in relation to a patent held by a foreign entity, specific personal jurisdiction is only appropriate where that entity has sufficient contacts with the jurisdiction in which the judgment is pursued.
The rationale for this is found in the due process requirements in the US Constitution. Essentially, jurisdiction is appropriate over an entity when it would be fair to haul it before courts in that forum. Fairness, in turn, can be established where:
A data processing system for pooling the assets of investors; a method for structuring a financial transaction to protect an individual’s assets; a method of hedging against the risk of a spike in the price of coal: are these patentable inventions? read more…
The United States Patent and Trademark Office has proposed to WIPO a comprehensive overhaul of the PCT system, dubbed PCT II, which would further internationalise the patent application system.
The Bill to replace the Patents Act 1953 (NZ) has finally received its first reading in Parliament. Copies of the draft Bill, the explanatory memorandum, and the first reading speeches are available at http://www.parliament.nz/en-NZ/PB/Legislation/Bills/a/f/2/00DBHOH_BILL8651_1-Patents-Bill.htm
The United Kingdom has launched an initiative where ‘green’ or environmentally friendly technology can be fast-tracked through the patent application process. The scheme was launched on 12 May by UK Minister for IP, David Lammy, in a bid to support inventions that may assist in combating climate change. Under the new scheme, the time for a patent application to progress to grant may be reduced from the usual two to three years to just nine months.