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Can an AI be an inventor under the Patents Act 1990 (Cth)
The ruling of Thaler v Commissioner of Patents [2021] FCA 879 has opened the door for artificial intelligence-created inventions to be eligible for patent protection. Learn more about the implications of this groundbreaking decision.
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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…
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Disputing ownership of a patent – joint inventors
This article provides an overview of the conditions for patent grant, joint inventorship tests, and standard of proof for disputes in relation to contested patent ownership in Australia.
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Ownership of employee inventions – disputing ownership of patents
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…
Patent ownership
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