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What type of patent application do I need to file?

  • Published on in IP News

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 file?” Yes, this is a serious question you deserve a clear answer to. If you get it right in the first place, you …

Expediting your international patent applications via the GPPH

  • Published on in IP News

Many patent applicants seek international patent protection for their inventions, so they can acquire monopoly rights in the foreign jurisdictions where they are hope to obtain a meaningful market share for their invention. These foreign applications usually rely on the international Paris Convention agreement. Under this agreement you can claim the filing date of the …

Inventorship – Don’t get it Wrong!

Inventorship – don’t get it wrong!

  • Published on in IP News

Who can apply for a patent? Anyone can apply for a patent – however, a patent can only be granted to the inventor, or to someone who has acquired the rights to the invention from the inventor. This may be because the inventor has chosen to assign those rights, or because they were required by contract to …

Getting your Patent Portfolio Ready for Early Stage Investment

Getting your patent portfolio ready for early stage investment

  • Published on in IP News

During commercialisation, inventors, start-ups and the like often seek investment by leveraging off their intellectual property. However, whereas investment funding is often required during the early stage commercialisation, the granting of patent rights mainly happened a few years down the track, the conundrum being that investors often times don’t invest until they are satisfied as …

Patent-eligibility of “business methods” – no longer business as usual

  • Published on in IP News

By Baxter IP, as presented at the Legal Wise Seminar on 31 May 2012. Recently is has become difficult if not impossible to patent “business methods” in Australia. Such is evident from the large number of “business method” patent applications being refused by the Examiners and Delegates at IP Australia. This article is addressed to …

Important patent legislation changes in Australia effective 15 April 2013

  • Published on in IP News

The Australian Parliament recently passed the Intellectual Property Laws Amendment (“Raising the Bar”) Act 2012 (“the Act”), which received Royal Assent on 15 April 2012.  The Patent legislation changes will come into effect on 15 April 2013.  The changes will implement stricter patentability and specification requirements for patent applications. Which applications are affected? The legislation …


Streamlined process for Trans-Tasman patents

  • Published on in IP News

In a recent announcement¹, IP Australia and the Intellectual Property Office of New Zealand (“IPONZ”) have agreed on an implementation plan to introduce a streamlined patent process that will allow a unitary patent application process for both countries by early 2013, and a unitary patent examination process by June 2014. Both sides agree that the …

Patent attorneys’ new uses for innovation patents

  • Published on in IP News

From 1994 to 2000, Dr John Baxter was a Member of the Advisory Council on Industrial Property (ACIP) for IP Australia. ACIP played a key role in the development of the Australian Innovation Patent system which was launched in 2001. Up to this stage there was no “second tier” patent system available to inventors, particularly …