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 …

New Zealand Patent Bill

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The New Zealand Patent Bill, which is scheduled to replace the Patents Act 1953, is due to be brought into force by 31 December 2012. The new Patent Bill is essentially a hybrid of the current Australian and United Kingdom legislation, and has been designed to being New Zealand patent law more into line with …

Australian Patent Office Practice narrows the scope for software related inventions

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A recent shift in the examination practice of the Australian Patent Office may result in certain software related application being rejected for not being patentable. Generally, Australian Patent Law shows an aversion to ‘pure’ business methods, working directions, mere instructions and the like; these being intangible and incorporeal concepts. Software related inventions, on the other …

“One-Click” computer implemented business method patent allowed in Canada

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In a recent development, a Canadian federal court has ruled in favour of Amazon.com Inc. allowing them to patent their “one-click” order process for online shopping. The online retail giant has been in a legal battle for 12 years seeking to patent a single-click ordering system which had already been granted in the United States. …

Bilski 2010 – The case every patent attorney has been waiting for

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Synopsis Bilski v. Kappos – 28 Jun 2010 The Supreme Court of the United States granted certiorari on June 1, 2009 In re Bilski, 545 F.3d 943 (Fed. Cir. 2008) and handed down their findings, under the title Bilski v. Kappos on 28 June 2010. In brief, while the Supreme Court affirmed the judgement of …