Quantum Mechanics is Here For All

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Australia is in a strong position to continue to exploit developments in intellectual property in Quantum Mechanics. In this Article, Baxter IP Director, Martin Earley, provides an overview of innovation and future applications in this space.

Patenting peptides and sequences in Australia

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Like many jurisdictions, patentable subject matter has changed, but does differ somewhat from other jurisdictions. It is now important to draft biotechnology patents to accommodate these differences around the world.

Science Chemical And Medical Research Equipment vector

Claims and issues in filing chemical, biotech and pharmaceutical patents

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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

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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

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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

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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?

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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?

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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

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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 …