EN
CRISPR – Patent revoked due to unsuccessful transfer of priority rights to Europe
A CRISPR patent was revoked due to unsuccessful transfer of priority rights to Europe through PCT.
Lack of intention to use in good faith or bad faith in trade mark applications
The intention behind why a trade mark is filed is important in determining whether the application is valid.
A discussion as to the secondary signification of words: Surfers Burgers Limited [2019] ATMO 27
A recent decision issued by IP Australia provides an important note to trade mark applicants that the secondary signification of words is taken into consideration […]
A case review: Rokt Pte Ltd v Commissioner of Patents [2018]
The “ROKT” case sheds light on how the court will address manner of manufacture issues for computer implemented methods. – Naleesha Niranjan
A case review: Davies v Lazer Safe Pty Ltd [2019] FCAFC 65
Naleesha Niranjan reviews a patent infringement case which underlines the importance of construing claims without imparting to them glosses drawn from the specification.
Shining light on the term “contains” in a patent application
Is the word “contains” construed in an exhaustive sense or in an inclusive sense? Paul Goodall reviews a recent alleged infringement case which sheds light on the use of the word in the context of claims.
Genericide – what is it and how can one prevent it?
Genericide is real. Your trade mark may be well known enough to become a household name, but it may be a step closer to losing its value.
Aristocrat Decisions Provide Some Clarity on Manner of Manufacture of Software Type / IT Inventions ...
Australian Patent Law has typically shown and aversion to ‘pure’ business methods, working directions, mere instructions and the like; these being intangible and incorporeal concepts. […]
Braintree resists attempt by software giant to cancel its trade mark
A recent Australian trade mark case has highlighted the need for brand owners to use their trade marks in the course of trade, in order […]
