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Patent revocation due to 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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Understanding patent revocation
Engaging in transfers of intellectual property? Beware of transferring goodwill too. The case of Favotto Family Restaurants Pty Ltd v Chief Commissioner of State Revenue [2020] NSWSC 120 highlights the concept of goodwill and its three (3) aspects, as well as how it affects the ability to generate earnings from identifiable assets.
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Patents, grace periods and revocation explained
Disclosure of an invention prior to applying for a patent can have serious implications. Learn more from Dundas Lawyers to understand the important considerations, including the twelve (12) month grace period and its effect on revocation.
Patent revocation
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