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






Thursday, September 7, 2017

Australian patents continue to be bested by 'best method' requirement

By Claire Gregg, Associate

Australia's unique statutory 'best method' requirement continues to get the better of patent applicants and patentees, as highlighted in the recent decisions of the Australian Patent Office in Kineta, Inc. [2017] APO 45 and the Full Federal Court in Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd [2017] FCAFC 138.

These decisions emphasise the importance for anyone seeking a patent in Australia of disclosing the best method known to the applicant of performing the invention at the time of filing the complete patent specification, the absence of which can be fatal to an application or granted patent. The decisions also reiterate that the nature of the invention around which the claims are drawn, as determined from the specification as a whole, is critical to determining what is 'best' in the circumstances.

Tuesday, September 5, 2017

Unjustified threats and damage – no longer clear as mud

By Elliott Burton, Lawyer

Two recent decisions by the Federal Court have reinforced that, in patent litigation, simply showing that you have been a victim of unjustified threats under section 128 of the Patent Act is not, by itself, enough to claim compensation.

Monday, September 4, 2017

IP Australia commences consultation on IP reforms

By Lauren John, Senior Associate

IP Australia has commenced public consultation on proposed reforms to Australia’s intellectual property laws, to implement the Government's response to some of the recommendations made by the Productivity Commission following its inquiry into Australia's intellectual property arrangements.