Science Chemical And Medical Research Equipment vector

Claims and issues in filing chemical, biotech and pharmaceutical patents

  • Published on in IP News

Since the awarding of one of the very first modern patents to Samuel Hopkins in 1790 for his potash production method, chemical patents have been used effectively for the benefit of the inventors. What constitutes a chemical patent? Claims in chemical patents may cover the composition of matter (how a substance is used), a product …

Software is patentable in Australia

Software is patentable in Australia

  • Published on in IP News

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 cursory reading of these decisions will show that they have data manipulation in common: “Nature of the data that is acquired and …

Patentability & the patent process made easy

  • Published on in IP News

In this article, we explain the requirements for patentability, as well as the patent process in simple, easy to understand language. Patentability In order to understand the requirements for patentability, it helps to understand the reasoning behind the patent system.   If at all possible, governments prefer not to grant patents, since they do reduce consumer …

Combination of known integers can be a patentable invention

  • Published on in IP News

An invention can comprise features or integers A + B + C.  The question is whether it is essential that at least one of those features is novel and inventive or that it is allowable to still be a patentable invention even if the three integers A, B and C are known but form a …

It's patented now, but can you commercialise it? - Baxter IP

It’s patented now, but can you commercialise it?

  • Published on in IP News

It can be difficult to get your head around the concepts of “patentability” (the ability to patent your invention) and “freedom to operate” (the ability to commercialise your invention). In this article, we explain it in layman’s terms with reference to a simple example as shown in the figures above. As a background, it helps …

Are Drinks and Liquids Patentable?

Are drinks and liquids patentable?

  • Published on in IP News

In order to obtain a valid patent, the subject matter of a patent application must meet a minimum threshold requirement of being patentable subject matter in the first instance, and then must also be new (novel) and inventive compared with other public disclosures, whether written or in use, prior to the filing date of the …

Intellectual Property - In a Nutshell

Intellectual Property – in a nutshell

  • Published on in IP News

Recently, I have been approached with various enquiries from clients as to what can indeed be patented? Without delving into the nuts and bolts of patentability requirements set forth in Patents Act, my answer to them has always been, as long as the invention serves functional purposes and that the difference over the prior publication …

DNA Helix

Treatment of human beings as patentable subject matter has a long and vexed history

  • Published on in IP News

There are reconfirming decisions in the Australian Courts to show clear protection methods in this field. To understand the position there are two distinct elements to this question – Patentable Subject Matter and Medical Treatments. Patentable Subject Matter Unlike the European approach, what is allowable or patentable subject matter of a patent is not prescriptive …

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 …