priority

ToolGen’s CRISPR/Cas9 patent application rejected

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Nicholas J has ruled that ToolGen’s application for a patent, AU 2013335451, for “what is now a well-known gene editing system known as the CRISPR/Cas9 system” for editing target DNZ sequences in eukaryotic cells. His Honour has allowed ToolGen until 11 August 2023 to bring any application for leave to amend pursuant to s 105(1A).

As the complete specification was filed after 15 April 2013, the Patents Act in the form amended by the Raising the Bar Act applied.

The matter came before his Honour on ToolGen’s “appeal” from an opposition in which the Commissioner’s delegate found that all but one of the claims should be refused but allowed ToolGen 2 months to amend.

At [13], Nicholas J summarised his Honour’s findings:

For the reasons that follow I have concluded:

(a)          None of the claims are entitled to priority based on P1 (s 43(2A)). 

(b)          All of the claims lack novelty or do not involve an inventive step (s 18(1)(b)).

(c)          The complete specification does not provide an enabling disclosure of the invention (s 40(2)(a)).

(d)          The claims are not supported by matter disclosed in the specification (s 40(3)).

(e)          Claim 19 lacks clarity (s 40(3)).

More detailed consideration will have to wait for another day.

ToolGen Incorporated v Fisher (No 2) [2023] FCA 794

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auDA Policy implementation review

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auDA, the body regulating the .au domain, has embarked on a Policy review, through a Review Panel chaired by John Swinson.

The first issue being considered is how to implement the decision to allow “second level” domain name registrations: e.g. domain.au in addition to domain.com.au and domain.net.au etc.

One issue that gives rise to is how to resolve conflicting reapplication for registration if different people have “domain” registered already in e.g. .com.au and .net.au. The Issues Paper explains:

53. Given the extensive stakeholder consultation already undertaken on whether existing registrants should be given priority registration rights, the Panel has decided not to revisit this issue but to focus on developing a priority registration policy. The development of a priority registration policy requires consideration of the following issues:
• cut-off date for determining registrant eligibility for priority registration;
• process for resolving competing claims to the same second level domain name; and
• the priority registration period in which registrants will have exclusive rights to register the second level domain name.

auDA is seeking your views by 10 November 2017.

Issues Paper and further details here .

A second, later phase of the review will look at the policies relating to registration in the established second level domains (such as .com.au).

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