The Fate of the Innovation Patent in Australia
The innovation patent, which was devised to primarily aid local SMEs achieve some form of intellectual property protection for their ideas, is being exploited. To date, the verdict on whether to ...
A Purpose or a Promise – Utility in ESCO Corporation v Ronneby Road Pty Ltd [2018] FCAFC 46
Esco Corporation (“ESCO”) was the applicant for Australian standard patent application no. 2011201135 entitled “Wear Assembly”. Paragraph 1 of the application provides that the invention ...
The Difference between a Patent Attorney and a Lawyer
Many people tend to conflate a patent attorney with a lawyer in Australia. Learn more about the different of a patent attorney and a lawyer in Australia, as well as with each of their specific roles....
Patent Monopoly & the Price to be Paid – Claim wording and determination of the scope of ...
Your bond with the public A patent can be thought of as an agreement between the inventor (or their successors) and the government, whereby the inventor makes a full disclosure of new and ...
Drafting for Sufficiency and Support in Australia
It has now been over five years since significant amendments to Australia’s patent legislation came into force in order to raise the quality of patents in Australia. Part of the reason for ...
What type of patent application do I need to file?
As a patent attorney regularly advising individual inventors, startups and SMEs on patent strategies, I am often asked a same question by innovators “what type of patent application do I need to ...
Software is Patentable in Australia
From all the hype in the media, you would think that software is not patentable in Australia. Much has been written about the recent IP Australia administrative hearing results from last year. A ...
Grace Period in Australia
What is a grace period? A grace period is a period of time within which a disclosure of an invention by the patent applicant or a disclosure of the invention without consent of the patent ...
Can AI be an inventor listed in a patent?
There is a debate raging about artificial intelligence (AI) and how it will be affecting the world in the future. In particular, there is discussion about who, or what, should be named as the ...
