IPwars.com

Mainly intellectual property (IP) issues Down Under

Government consultation papers on patent and trade marks

IP Australia has published 5 consultation papers on how to implement some of the Productivity Commission’s recommendations accepted by the Government

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

AstraZeneca goes down

The High Court has dismissed Astrazeneca’s appeal against the finding that its rosuvastatin patent was obvious.

WIPO patent studies

WIPO has published 2 studies on inventive step and sufficiency of disclosure in patent laws.

Rosuvastatin goes to the High Court

The High Court has allowed special leave to appeal from the Full Federal Court’s decision in AstraZeneca v Apotex (“Rosuvastatin”).

Five Judges speak with one voice on Australian Patent Law Construction and Fair Basis*

The Rosuvastatin case is that rare beast – a decision of a 5 member Full Bench of the Federal Court. It canvases many issues and, no doubt, we shall be picking over it for years to come. Susan Gatford, at the Victorian Bar, has kindly provided a guest post on the section 40 issues.

Did the Earth move for you too?

Most of the substantive Raising the Bar amendments came into force today. Amongst other things, schedule 1 of the Raising the Bar Act introduced a raft of changes designed to raise the threshold of patentability – i.e., make it harder to get a patent. These include: introducing the really diligent searcher of prior art for obviousness via changes to s 7(3)[1] so that it will be permissible to combine any.. Read More

Amazon’s 1-click in Australia

On Telstra’s opposition to the grant of Amazon’s 1-click patent in Australia, the Commissioner’s delegate has found that: claims 1, 2 and 4 to 61 were invalid; but: It seems to me that the use to which server generated client identifiers [i.e., cookies] are put in the present invention is both an elegant and inventive way of achieving one action ordering functionality. Therefore I consider that any of the claims.. Read More

Upholding a patent opposition on appeal

Adrian Crooks, at IPnow, provides his summary of Besanko J’s ruling in Aspirating IP v Vision Systems [2010] FCA 1061.

Obvious to try (typos corrected)

IP Australia (for present purposes, the Commissioner of Patents) has been exploring ways to improve the quality of patents by, amongst other things, raising the threshold of inventiveness. (Consultation Paper, November 2009 (pdf) see section 1.2ff). One might have thought that this would require legislative reform given the extremely strict approach to common general knowledge and, for that matter, s 7(3) taken in Australia. Perhaps because the election so indecisively.. Read More

%d bloggers like this: