The Intellectual Property Laws Amendment Bill 2014 has been introduced with the proposed compulsory licence under the TRIPS Protocol for medicines and other reforms
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) so that it will be permissible to combine any piece of prior.. Read More
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 mutant or polymorphic BRCA1 polypeptide, said nucleic acid containing in comparison to the BRCA1 polypeptide encoding sequence set.. Read More
Following the conclusion of consultations about the draft Intellectual Property Legislation Amendment Regulations (the regulations to implement the “Raising the Bar” amendments), IP Australia has published a document outlining the outcomes of the consultation process. The document outlines what IP Australia is proposing to do/implement in relation to: Schedule 1 preliminary search and opinion search fee priority date other things Schedule 3 filing of evidence in oppositions extensions of.. Read More
Dr Summerfield has updated his marked up version of the reg.s to reflect the second tranche of the exposure draft regulations, here. He also draws attention to the shortening time frames the exposure draft regulations will introduce. You still need to get your comments in by 21 November 2012.
IP Australia today released the second tranche of exposure draft regulations implementing the Intellectual Property Laws Amendment (Raising the Bar) Act 2012. This tranche deals with schedule 3 (reducing delays in resolving patent and trade mark applications) and schedule 6 (simplifying the IP system). Comments still need to be submitted by 21 November 2012. Go here, and scroll down (past the first tranche if you already have them). Dr Summerfield prepared a marked up.. Read More
IP Australia has published the first tranche of draft regulations to implement the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (most of which comes into force on 15 April next year). This tranche includes the draft regulations for: Schedule 1 – Raising the quality of granted patents, Schedule 4 – Assisting the operations of the IP profession, and Schedule 5 – Improving mechanisms for trade mark and copyright enforcement. Comments should.. Read More
Apparently, the Governor-General signed the Royal Assent to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 on 15 April 2012. According to IP Australia, most of the amendments will not come into force until 15 April 2013, but the exceptions to patent infringement for (1) regulatory use or (2) experimental use are now in force. Many of the changes yet to come into force do relate to patents. There are, however,.. Read More
News from IP Australia that the Senate finally passed the Intellectual Property Laws Amendment (Raising the Bar) Bill without further amendment. It is now expected to be passed by the House of Representatives in the “autumn” sittings. Some earlier posts here, here, here and here. IP Australia’s summary. The EM.
One of the interesting sessions at the IPSANZ conference was David Catterns QC and the 2 Gregs talking about amending patent specifications – before and after grant. I certainly wouldn’t disagree with the view that, all other things being equal, you should amend before litigation rather than during (although how often are all other things equal, especially for patents in multiple jurisdictions). Australian law, at least insofar as it concerns amendments before the Commissioner,.. Read More