IPwars.com

Mainly intellectual property (IP) issues Down Under

Selected links,from last week

Selected links from last week

Selected links from last (couple of) weeks

A selection of the links I found interesting over the last couple of weeks

RPL Central also refused special leave

The High Court has also refused RPL Central special leave to appeal from the Full Court’s rejection of its attempt to patent a method and system for Automated Collection of Evidence of Skills and Knowledge.

Myriad’s BRCA1 claims – take 2

A closer look at the High Court’s ruling in D’Arcy v Myriad

Apotex v Sanofi: manner of manufacture

Apotex v Sanofi: Sanofi’s patent for a second use of leflunomide is patentable subject matter in Australia

Patentable subject matter reform

IP Australia has issued an Issues Paper on the proposed amendments to the Patents Act: (1) to insert an “objects” clause; and (2) to exclude from patentable subject matter inventions which it would be “offensive” to commercially exploit. These plans arise out of a recommendations made by ACIP which the Government announced it accepted. The consultation now is on the wording to implement those policies. An objects clause The consultation.. 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

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 the Statute of Monopolies, and includes an alleged invention. and, from NRDC (for example) :.. Read More

A new approach to business method patents Down Under?

Patent Baristas has a guest post from Bill Bennett at Pizzeys on the Deputy Commissioner’s rejection of a patent application for (as described by the Deputy Commissioner): “a method for commercialising inventions that includes the step of applying for patent protection. The specification indicates that the method is intended to facilitate the uptake of commercialisation of inventions taking into account the restricted timeframe to file for intellectual property rights and.. Read More

EU: patentability of stem cell

Greenpeace’s attempts to have “stem cell” patents of Oliver Brüstle revoked moves to the European Court of Justice: The Budnesgerichtshof (German Federal Supreme Court) has referred to the ECJ several questions about the patentability of the use of stem cells to treat various neural diseases. IPKat has details here, summarising the issues as : The ECJ will now have to rule on the interpretation of “human embryo” in the sense.. Read More

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