Is your patent being infringed?

A patent grants the owner (Patentee) exclusive rights to exploit the patented invention (as defined in the Patents Act 1990 (Cth) (Patents Act)) within Australia.  If another party uses the patent without the authorisation of the Patentee, they will infringe.  In this article we consider the high level issues to consider when attempting to determine whether a patent has been infringed. [Read more…]

Disputing ownership of a patent – joint inventors

The Patents Act 1990 (Cth) (Act) provides the framework for patent registration and regulation in Australia. [Read more…]

Take care when alleging patent infringement

A patent entitles the holder to exploit the invention disclosed in the patent to the exclusion of all others (unless authorised by the holder of the patent).  Where the patent holder is made aware of the use of their invention by another who is not authorised to do so, they may commence patent infringement proceedings to recover the loss sustained because of the infringement.  It is important for patent holders to be aware of the provisions rules regarding making unjust threats of patent infringement.  The recent decision in Mizzi Family Holdings Pty Ltd v Morellini (No 3) [2017] FCA 870 provides an example of how the Court considered an unjust threat of patent infringement and the damages that may be payable by the maker of such threats. [Read more…]

Patents, grace periods and revocation – how does it all work?

The registration of a patent entitles the owner to protection of their invention under the provisions of the Patents Act 1990 (Cth) (Act).  In order to qualify for these protections, the invention must pass the tests for patentability set out in the Act.  Part of these tests require that the invention must be new, with the Act distinguishing between patents based on their ‘inventiveness’ or ‘newness’; between standard patents and innovation patents.  Regardless of this distinction, a patent will not be granted where the invention is known to the public through prior use or disclosure of the invention.  In this article, we consider the implication of disclosure of an invention prior to application and the effect of the ‘grace periods’ on revocation. [Read more…]

Introduction to intellectual property

Intellectual property (IP), in the Australian legal context, is much more than copyright and trade marks, it includes confidential information, registered designs, trade secrets, patents and plant breeder’s rights.  The protection of intellectual endeavours has been something which the law has recognised for centuries and something which the innovation agenda has embraced.  IP is becoming increasingly important as organisations strive for competitive advantage in the innovation age (click here or insert).  IP rights arise at both common law and statute and aim to protect a broad category of rights over the fruits of intellectual efforts. These rights fall into two (2) distinct categories, those that are registerable and those that are not.

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Government’s response to Productivity Commission’s report on intellectual property

The Australian Government has released its response to the Productivity Commission’s report into intellectual property arrangements in Australia.  The Productivity Commission (Commission) made numerous recommendations, a number of which were major departures from the current arrangements in Australia.  This article discusses these recommendations, the government’s response, and what amendments to intellectual property laws we may expect to see in the near future. [Read more…]

Licence Agreements

A licence can be a great way of exploiting the commercial value of intellectual property (IP).  Put simply, assuming that the grantor of the rights controls the IP. A licence is the grant of a permission or authority by one person to another to do something.
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Dundas Lawyers
Street Address Suite 12, Level 9, 320 Adelaide Street Brisbane QLD 4001

Tel: 07 3221 0013

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