The Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (Cth) has addressed a number of issues outlined by the Advisory Council on Intellectual Property.
While missing a patent date can be fatal for the owner and his rights, the latter can be restored by taking immediate action to extend the time.
Registered designs are a relatively cost effective and underutilised form of IP protection. Registered designs protect the aesthetic or visual features of a product, in contrast to patents that protect the functionality of a product or process. There are a number of important differences between Australian and New Zealand design law which became more pronounced …
On April 10, 2018, the iconic Australian brand UGG won a big $5.2M in the Central District of California in a design patent infringement case against Reliable Knitting Works, Wal-Mart Stores, Inc., and 10 other unnamed defendants (subject to post trial adjustments). Deckers Outdoor Corporation v. Romeo and Juliette, Inc. et al, No. 2:2015cv02812 – …
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 applicant is excluded from consideration in assessing novelty and inventiveness. In jurisdictions such as Europe and China, grace period only …
Not only does Baxter IP meet inventors every day but Warren Chandler of Baxter IP also provides discussion of patent, design and trade mark matters to the Inventors Association of Australia (Victoria division) in some of their monthly association meetings. One such meeting occurred this month. At the recent meeting of the IAA, Warren was …
The golden rule is never disclose without protection. Many inventors are often surprised that any disclosure of an invention, even by themselves, can invalidate a subsequently filed patent application. However, in certain circumstances, it may be possible to rely on the grace period provisions in Australia. In a nutshell, the grace period provisions in Australia …
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