IPwars.com

Mainly intellectual property (IP) issues Down Under

ESCO’s patent did not make a composite promise and so is not invalid afterall

ESCO has won its appeal from the ruling that its patent lacked utility because the claims did not fulfill all promised advantages. The Patent ESCO’s patent relates to a wear assembly for securing a wear member to excavating equipment. Think of it as a way of attaching “teeth” to an excavating bucket and for a design of the “teeth” themselves. There are 26 claims. Claim 1 (and its dependent claims)[1].. Read More

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

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