Mainly intellectual property (IP) issues Down Under

Innovation patents – further chance to protest

IP Australia is seeking comments on how the innovation patent system is working. Since 2001, Australia grants 2 types of patent: the standard patent with a normal term of 20 years and an innovation patent with a term up to 8 years. Ann innovation patent need show only an innovative step over the prior art to be valid. According to the Full Court in Delnorth, this requires a difference that.. Read More


Mr Spagnuolo has been granted “special” leave to appeal to the Full Court from Reeves J’s dismissal of his opposition to Mantra registering Q1 for a range of accommodation, travel and holiday services. Some background Q1 is another one of those “iconic” high rise apartment buildings on the Gold Coast. Its 78 levels boast 526 residential apartments, a retail shopping plaza and a resort / conference complex. In addition to.. Read More

Raising the Bar regulations

IP Australia has published the first tranche of draft regulations to implement the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (most of which comes into force on 15 April next year). This tranche includes the draft regulations for: ┬áSchedule 1 – Raising the quality of granted patents, Schedule 4 – Assisting the operations of the IP profession, and Schedule 5 – Improving mechanisms for trade mark and copyright.. Read More