Mainly intellectual property (IP) issues Down Under

Tobacco Plain Packaging Bill 2011

Last month Phillip Morris announced it plans to sue Australia over the proposed plain packaging legislation for tobacco products. The Tobacco Plain Packaging Bill 2011 was introduced into Parliament on 6 July and, following its 1st and 2nd Readings, has been referred to the House of Representatives’ Standing Committee for Health and Ageing. The Bill was also introduced with the Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011. The Tobacco.. Read More

A business method patent (not yet)

RPL applied for an innovation patent of a method entitled ‘Method and System for Automated Collection of Evidence of Skills and Knowledge’. The applied for innovation relates to a method for people to obtain recognition for their prior learning.¬†Apparently, there are some 35,000 qualifications and 34,000 units in the vocational educational and training sector in Australia. Hence it can be difficult for people to identify a particular qualification which they.. Read More

Streamlining patent applications

Back in February, the Prime Ministers of Australia and New Zealand issued a statement about harmonising IP laws (and procedures) between their countries. Today, the Minister for Innovation, Industry and Science and the New Zealand Commerce Minister issued a further statement “revealing” that: there will be a single application process for seeking patents in both countries from 2013; and a single examination of the application for both countries will be.. Read More

Scope of disclosure in an innovation patent

Patentology has a nice summary of the innovation patentee’s successful appeal in¬†Seafood Innovations Pty Ltd v Richard Bass Pty Ltd [2011] FCAFC 83. One point: it seems like the disclosure in the body of the specification supporting the broadest claim was at a level of generality similar to that upheld by the High Court in the first round of Lockwood. Wonder how that will hold up for future application under.. Read More