Productivity Commission implementation part 2

IP Australia has released draft legislation for the proposed Intellectual Property Laws Amendment Bill (Productivity Commission Response Part 2 and Other Measures) Bill 2018 including more changes to inventive step, an objects clause and phasing out the innovation patent.

Government response to Productivity Commission IP report

The Commonwealth government has published its response to the Productivity Commission’s Final Report into Intellectual Property Arrangements

Another Infringed Innovation Patent And A Delivery Up Question

Product Management Group (PMG) has lost its appeal from Middleton J’s finding that it infringed Blue Gentian’s innovation patents for a self extending/collapsing garden hose. The appeal seems like a fairly straightforward application of construction principles and demonstrates, yet again, how slender an innovation need be to secure a monopoly for eight years. There may, […]

Innovation patent consultation on the consultation

IP Australia issues consultation paper on ACIP’s report into the innovation patent system

ACIP on innovation patents

ACIP’s final report into Innovation Patents has been published.

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 […]

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 […]

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 […]

What’s the priority date for a divisional patent?

Mont has an innovation patent for a travel pack. It sued Phoenix for infringing the innovation patent; Phoenix  counter-claimed for invalidity on the grounds of Mont’s own use commencing in October 2004. Patents Act 1990 s 24 (read with Reg. 2.2(1A)) provides a patentee with a grace period: protecting the patentee against attacks on grounds […]

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