Patent revocation for lack of novelty

One of the often cited requirements for a patent to be granted, is that the invention as claimed must be ‘novel’ in light of the information of the day (referred to as the prior art and the common general knowledge) (section 18(1)(b)(i) of the Patents Act 1990 (Cth)(Patents Act)).  Put simply, if its been done before, chances are that it may lack novelty.   Therefore, if a patent, when viewed against the prior art and common general knowledge does not disclose an invention that is novel, it cannot be said to contain the required feature of novelty. [Read more…]

Interlocutory injunctions in patent disputes

An injunction is a Court order directing a person or entity to do a specific thing or refrain from doing something.  Whilst an injunction in itself can amount to final relief in litigious matters, it can also be sought on an interlocutory or temporary basis (Interlocutory Injunction).  This applies where a temporary remedy is sought to maintain the status quo until the larger legal issues can be heard at trial.

In matters relating to the infringement of a patent, an injunction may be sought by the patent owner (Applicant) to stop a defendant (Respondent) from doing the acts the patent owner alleges infringe the patent, until the Court has had the opportunity to determine whether or not the patent has been infringed.  In this article we consider Interlocutory Injunctions in patent matters and how the tests differ from non-patent matters. [Read more…]

Ownership of employee inventions – disputing ownership of patents

Last updated 25/08/2015

Section 35(6) of the Copyright Act 1968 (Cth) establishes a general rule that an employer will own the copyright in many types of works if they were created by an employee or apprentice, in the course of their employment. Unfortunately there is no such legislative equivalent in the Patents Act 1990(Cth)(Act).

The absence of an express term in an employment agreement concerning ownership of patentable inventions can create significant controversy for employers when an employee produces a patentable invention of some value. [Read more…]

Dundas Lawyers
Street Address Suite 12, Level 9, 320 Adelaide Street Brisbane QLD 4001

Tel: 07 3221 0013

Send this to a friend