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Alternative legislative options in the gene patent debate

Watermark Patent & Trade Marks Attorneys
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Australia
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December 15 2010

There has been much debate, particularly in the media, prompted by the US district court decision of 23rd March 2010 in the matter between the Association for Molecular Pathology and others, and the US Patent and Trademark Office, Myriad Genetics and others, which held that isolated DNA and its uses in diagnostic tests represented unpatentable subject matter

Getting your design protection into shape

Watermark Patent & Trade Marks Attorneys
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Australia
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June 16 2010

Are you considering the manufacture of products intended for the Australian market?

Towards a stronger and more efficient IP rights system

Watermark Patent & Trade Marks Attorneys
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Australia
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January 13 2010

IP Australia has issued the first of two papers setting out details of proposed changes initially discussed in its earlier series of consultation papers

High Court considers contributory infringement provisions of Patents Act 1990 for the first time

Watermark Patent & Trade Marks Attorneys
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Australia
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November 5 2008

The decision of the High Court of Australia in Northern Territory of Australia v Collins (2008 HCA 49, 16th October 2008) provides guidance as to the meaning of the contributory infringement provisions under Section 117 of the Patents Act 1990 (Cth) in patent infringement proceedings

Pharma losing ground in pharmaceutical patent extensions of term

Watermark Patent & Trade Marks Attorneys
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Australia
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March 18 2009

In Australia, there have been several recent court and Patent Office decisions in which previously granted patent extensions of term were reduced by the court and the commissioner of patents in light of information brought to their attention

A new treatment for business methods

Watermark Patent & Trade Marks Attorneys
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Australia
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April 11 2012

During 2010 and 2011 the Australian Patent Office issued a string of decisions (eg, Discovery Holdings Limited 2011 APO 56 (9th August 2011)) rejecting applications for so-called "business method patents" on the grounds of unpatentable subject matter

The probably invalid patent: is clearing the way a necessary strategy?

Watermark Patent & Trade Marks Attorneys
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Australia
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February 17 2010

Occasionally a question arises regarding the proposed exploitation of a patent that is considered to be invalid

Getting the balance right

Watermark Patent & Trade Marks Attorneys
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Australia
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July 29 2009

In March 2009 IP Australia issued a consultation paper seeking comment on a number of proposed changes to the Patents Act 1990 directed at improving the patentability standards of Australian patents

Ownership of designs in an employment relationship

Watermark Patent & Trade Marks Attorneys
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Australia
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September 15 2010

In the recent Federal Court case of Courier Pete Pty Ltd v Metroll Queensland Pty, the Federal Court held that an employee, Mr Collymore, and his company, Courier Pete Pty Ltd, were entitled to be the registered owners of various rainwater tank designs, which Collymore's employer, Metroll, had argued were created during the course of his employment