By

Frank Pappas
A Design Amendment (Advisory Council on Intellectual Property Response) Bill 2020 was passed by the Australian Parliament on 30 August 2021. The most notable change by this Bill is the introduction of a 12-month grace period for filing a design application in Australia. This means you can make your design public up to 12 months...
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Whilst Patent Offices and courts in various jurisdictions such as US, Europe and UK have rejected the idea of an Artificial Intelligience (AI) system named DABUS to be an inventor, an Australian Federal Court has in Thaler v Commissioner of Patents [2021] FCA 879 held that artificial intelligience (AI) systems can be inventors for the...
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If you have been spending a lot of time at home during the lockdown, I hope that you have been exercising and spending time in the sunlight. For many of us, our stay-at-home free time is now filled with binging streamed content and video games, whilst others are reacquainting themselves with book reading, an indoor...
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I admire inventors who have studied a problem, and then by their creativeness and perseverance, find a solution. Along the way to finding that solution, their invention in many instances is the product of trial and error. However, in my view the most interesting inventions are those that were created by accident. One of my...
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Australia like the United States has a “12 month” grace period for filing patent applications. This means that an owner/inventor has up to 1 year from their date of public disclosure to file patent applications in these countries. Whilst the US has such a grace period applying to design protection, Australia at present does not....
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IP Australia (AU Trade Marks Office) has recently reported that after filing trade marks in an export market, Australian businesses are three times more likely to enter that market. Also, long term exporters will earn around 30% more export revenue. After filing trade marks in export markets, businesses also become more resilient to exchange rate...
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Whilst it is possible for a business to adopt a trade mark for its goods and services without registering the mark, it is preferable to obtain registration of the trade mark. To ensure that a trade mark is registrable in Australia from the outset, you should not adopt a word mark that is descriptive of...
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In Australia, patent attorneys are not lawyers, and a professional using the title “lawyer” has completed a law degree, and if they intend to give legal advice, they must also have a current practicing certificate. A lawyer who is “admitted to the Bar”, referred to as a “barrister” is capable of representing clients in most...
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In recent years, there has in Australia been considerable flux as to what is patentable for computer-implemented inventions. In the Commissioner of Patents v RPL Central Pty Ltd [2015] FCAFC 177, a Full Bench of the Federal Court found that a computer-implemented method (which the court characterised as a ‘business method’ or ‘scheme’) to be...
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Do you wish to protect a new product or device? The Australian Innovation Patent System which provides a quick way to obtain short term patent protection, will soon be phased out on 26 August 2021. An Australian Innovation Patent lasts up to eight years and is designed to protect inventions that do not meet the...
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