Scintilla – a flash, a spark, an iota. Shorthand for creativity and an indicator of inventiveness under Australian law.

Friday, August 25, 2017

Full Federal Court confirms 'Swiss-style' claims are not eligible for PTE

By Claire Gregg, Associate and Lauren John, Senior Associate

The Full Federal Court of Australia has unanimously confirmed that 'Swiss-style' claims involving recombinantly produced products for a new medical use are not eligible for patent term extension (PTE) under the Patents Act 1990 (Cth) (the Act), in Commissioner of Patents v AbbVie Biotechnology Ltd [2017] FCAFC 129.

Wednesday, August 16, 2017

Calmer waters ahead for Bondi Wash after choppy waves?

By Nick Li, Associate

This is the story of a small but industrious Sydney retailer of scented fragrances, looking to expand into the US market, and coming up against the international fashion Goliath Abercrombie and Fitch before the United States Patent and Trade Mark Office. 

The story is set for a happy ending, but the struggles of our persistent protagonist serves as an example of some of the challenges faced by Australian small businesses trying to make it big.