Designs Act 2003 review

ACIP has published an issues paper reviewing the operation of the Designs Act 2003 for the first time since it came into force.

Myriad wins Down Under

Nicholas J has ruled that Myriad’s patent for isolated gene sequences relating to BRCA1 are patentable subject matter for the purposes of Australia’s Patents Act 1990. Claim 1 of the Patent (No. 686004 entitled “In vivo mutations and polymorphisms in the 17q-linked breast and ovarian cancer susceptibility gene”) is for: An isolated nucleic acid coding for a […]

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 […]

Gene (no)patenting bill going down

The Senate’s Legal and Constitutional Affairs Committee has, by majority, recommended that the Senate should not pass the Patent Amendment (Human Genes and Biological Materials) Bill 2010. The Bill is a private members’ effort and, perhaps not surprisingly, the three of its sponsor still in the Senate dissented. (At the time of writing, it is proving […]

ACIP reviews innovation patents

On 28 February, the Minister directed ACIP to report on the innovation patent system. On 17 August, ACIP published an issues paper (pdf) and now seeks your comments by 14 October 2011. According to the announcement of the issue paper’s release: In recent years a variety of concerns have been raised about the innovation patent system […]

Government responses to ACIP enforcement reviews

The Government has announced its responses to ACIP’s reviews of: post-grant Patent enforcement; and enforcement of plant breeder’s rights. On a quick skim, the main recommendation to introduce a Patents Tribunal to determine “IP” disputes has been found non-viable due to the limitations on the Commonwealth’s repository of judicial powers. With WIPO’s arbitration and mediation […]

Patentable subject matter in Australia

The Minister has released ACIP’s report into what should be patentable subject matter under Australian law. At the moment, s 18 defines a ‘patentable invention’ and the Dictionary in Sch. 1 defines and “invention” as: “invention” means any manner of new manufacture the subject of letters patent and grant of privilege within section 6 of […]

Enforcement of PBR in Australia

ACIP has published its final report into the Enforcement of plant breeder’s rights in Australia. The report is here (pdf) – be warned 138pp, Exec Summary is 10pp. Some recommendations:   Recommendation 1. A new “purchase” right be added to s.11. This new right would only apply to those taxa that are specifically declared in the […]

Patentable Subject Matter: ACIP options paper

ACIP has published an Options Paper in connection with its review of “patentable subject matter”. Press release here. Options Paper here. The options under consideration are too far reaching for a “sound bite”. For example (from the Press Release) “The test for patentable subject matter in Australia is linked to legislation introduced in England in […]