What is patentable subject matter? Is the ‘manner of manufacture test’ on its way out (yet again)?

On 21 September 2009, the Advisory Council on Intellectual Property (“ACIP”) released an options paper on patentable subject matter.   

'Manner of manufacture' test

The paper analyses and discuses the value of the ‘manner of manufacture’ test currently used in determining whether an invention is patentable.   ACIP is seeking comments on the following four options:

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Subjects: Patents

Medrad v Alpine: Interlocutory injunction granted

On 25 August 2009 Justice Kenny handed down her decision in Medrad Inc v Alpine Medical Pty Ltd [2009] FCA 949.  Her Honour granted an injunction to the applicant (represented by Mallesons) restraining the respondents from selling certain disposable syringes in Australia.  In doing so, Justice Kenny refuted that it was the practice of the court to refuse an interlocutory injunction where the validity of a patent is being challenged.

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Subjects: Patents

“Help-Help-Copyright-in-Danger”: Pacific Technologies’ unsuccessful bid to claim original literary work in ‘Help Words’

In a recent decision of the Federal Court of Australia, Pacific Technologies (Australia) Pty Ltd was unsuccessful in its claim to copyright in the words “Help-Help-Driver-in-Danger-Call-Police-Ph.000”.  Therefore, the State of Victoria can safely continue using these Help Words on taxi cab driver duress alarms.

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Subjects: Copyright

Full Federal Court confirms that grace period is available for divisional patents

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.

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Subjects: Patents

Pride and Productivity: Commission recommends allowing parallel importation of books

The Productivity Commission (Commission) has recommended the abolition of parallel importation restrictions on books in Australia, in a report released on Tuesday.  This controversial recommendation has been heralded both as a victory for Australian book consumers and a death knell for Australian literature.  The Government’s response to the Report is yet to be released.

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Subjects: Copyright

The use of medical samples for tender purposes – outside the scope of injunctive relief?

In the recent decision Wake Forest University Health Sciences v Smith & Nephew Pty Ltdan 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...

Subjects: Patents

Further judicial clarity on the meaning of ‘innovative step’

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...

Subjects: Patents