Patents articles

• Ownership of employee inventions: is the test for inventive step relevant? | Legal briefing

  20 Dec 2011 - The Royal Children's Hospital v Robert Alexander [2011] APO 94 (10 November 2011) In a recent decision, the Austra…

• UK Supreme Court clarifies EU ‘industrial applicability’ test for new gene patents | Legal briefing

  30 Nov 2011 - Human Genome Sciences, Inc. v Eli Lilly and Company [2011] UKSC 51 (2 November 2011) A recent decision of the UK Supreme…

• Samsung allowed to sell its iPad-competitor in Australia, just in time for Christmas | Legal briefing

  30 Nov 2011 - The Full Court of the Federal Court of Australia has today allowed Samsung’s appeal from the decision of Justice Ben…

• Australian Government responds to recent inquiries into gene patentability: outright ban rejected | Legal briefing

  24 Nov 2011 - The Federal Government yesterday tabled its response to three recent inquiries into reform of Australia's patent syste…

• DCC wins 2011 Asia IP Law Awards – Patents Australia for the second year running | DCC news

  11 Nov 2011 - Davies Collison Cave has been recognised as the 2011 Asia IP – Patents Australia winner, by Asia IP, the only intell…

• Apple v Samsung – why the Court temporarily banned the sale of an iPad rival | Legal briefing

  27 Oct 2011 - Apple Inc v Samsung Electronics Co. Limited [2011] FCA 1164 In a decision handed down on 13 October 2011, Justice Anna…

• Human embryonic stem cell patents at risk following European court ruling | Legal briefing

  25 Oct 2011 - In a ruling that threatens the future of embryonic stem cell research and commercialisation across Europe, the Court of Ju…

• The importance of good laboratory notebook practice | Legal briefing

  18 Oct 2011 - Take note: poor laboratory notebook documentation could cost you! Your laboratory notebooks can be critical in establishin…

• Patent term extensions for pharmaceutical combinations: claims must be aligned with ARTG description | Legal briefing

  17 Oct 2011 - The Children's Medical Center Corporation [2011] APO 80 The Australian Patent Office recently refused an applicati…

• Apple succeeds in preventing Samsung from releasing iPad competitor in Australia | Legal briefing

  13 Oct 2011 - In a much anticipated judgment, Justice Annabelle Bennett of the Federal Court of Australia has granted Apple an interlocu…

• Don’t rely on purposive construction to extend the scope of a patent claim | Legal briefing

  04 Oct 2011 - Australian Mud Company Pty Ltd v Coretell Pty Ltd [2011] FCAFC 121 (15 September 2011) A recent decision of the Full F…

• Innovation patent system under review | Legal briefing

  04 Oct 2011 - The Advisory Council on Intellectual Property (ACIP), an independent government-appointed body which advises the Australia…

• VIP Plastic Packaging wins patent infringement case against BMW Plastics | Legal briefing

  30 Sep 2011 - VIP Plastic Packaging Pty Ltd v B.M.W. Plastics Pty Ltd [2011] FCA 660 On 10 June 2011, Federal Court determined that…

• Federal Court finds inevitable result not enough to inherently anticipate | Legal briefing

  30 Sep 2011 - Danisco A/S v Novozymes A/S (No 2) [2011] FCA 282 In a first instance decision the Federal Court recently considered w…

• Right to inventorship forfeited by prior disclosure | Legal briefing

  30 Sep 2011 - Robert Dommett v Zebra Research Pty Ltd [2011] APO 53 Sections 32 and 36 of the Patents Act 1990 provide an interested…

• Patent Office introduces new ground of opposition: software patent found invalid for lack of manner of manufacture | Legal briefing

  30 Sep 2011 - Myall Australia Pty Ltd and RPL Central Pty Ltd [2011] APO 48 In the second of our two reports on software patent deci…

• Sanofi-Aventis v Apotex: method of treatment claim found valid and infringed | Legal briefing

  30 Sep 2011 - Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No. 3) [2011] FCA 846 In a decision which considers both patent a…

• Claim construction and internal requirements of Australian patent specifications: Full Federal Court reiterates principles | Legal briefing

  30 Sep 2011 - Seafood Innovations Pty Ltd v Richard Bass Pty Ltd [2011] FCAFC 83 In a recent decision concerning the infringement an…

• Patent examination integration for Australia and New Zealand on the horizon | Legal briefing

  30 Sep 2011 - On July 5, 2011 the Australian Government and the New Zealand Government jointly announced an implementation plan to stream…

• Fundamental lack of clarity fatally wounds patent for wound healing device | Legal briefing

  27 Sep 2011 - In the recent decision of Wake Forest University Health Sciences v. Smith & Nephew Pty Ltd. (No.2) [2011] FCA 1002 a p…

• Gene patent ban rejected by Senate Committee | Legal briefing

  22 Sep 2011 - After months of deliberation, the Australian Senate Legal and Constitutional Affairs Committee on 21 September, 2011 hande…

• USA Patent Reform: six important elements of the America Invents Act | Legal briefing

  20 Sep 2011 - President Obama has just signed the America Invents Act, setting in motion a long-awaited overhaul of the US patent system…

• Australian Patent Office rules that insurance plan is not patentable | Legal briefing

  20 Sep 2011 - Discovery Holdings Limited [2011] APO 56 The Australian Patent Office has decided that an invention relating to a life…

• Adding a computer will not save broad method patent claims | Legal briefing

  19 Sep 2011 - The Australian Patent Office in a recent decision, Network Solutions LLC [2011] APO 65, has followed the US CAFC decision…

• Apple successfully uses its patents against Android devices in Australia and Germany | Legal briefing

  12 Aug 2011 - Unless you've been living under a rock over the last few years, you would have heard of, or at least seen, an Apple iP…

• Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 introduced into the Senate | Legal briefing

  08 Aug 2011 - On 22 June 2011 the much anticipated "Raising the Bar Bill" was introduced into the Senate. The stated aim of th…

• Patent Prosecution Highway: a strategy for securing early patent grant in the US | Legal briefing

  26 Jul 2011 - On 15 July 2011 the US Patent and Trademark Office (USPTO) and the Australian Patent Office (IP Australia) expanded their…

• Claim construction and internal requirements of patent specifications: Full Federal Court reiterates principles | Legal briefing

  19 Jul 2011 - Seafood Innovations Pty Ltd v Richard Bass Pty Ltd [2011] FCAFC 83 In a recent decision concerning the infringement an…

• Paris Convention traps for patentees: the hidden dangers of claiming priority from refiled applications | Legal briefing

  15 Jul 2011 - Michael Caine, a partner of Davies Collison Cave, recently conducted a study on behalf of FICPI in relation to the operati…

• Patent examination integration for Australia and New Zealand on the horizon | Legal briefing

  12 Jul 2011 - On July 5, 2011 the Australian Government and the New Zealand Government jointly announced an implementation plan to strea…

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