News

AUSTRALASIA

17th Oct 2018

Use of the PCT system, and advantages and benefits of International Preliminary Examination (IPE)

There are a couple of ways to file a patent application in a country of interest. The choice is usually based on a commercial strategy, and balanced by cost...

There are a couple of ways to file a patent application in a country of interest. The choice is...

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AUSTRALASIA

16th Oct 2018

Patents of Addition: A Strategy to Protect Improvements or Modifications in an Invention in Australia and New Zealand

With Australia’s second tier innovation patent system set to be phased out, as we have reported previously, this will remove an option for protecting improvements in Australia with a...

With Australia’s second tier innovation patent system set to be phased out, as we have reported previously, this will...

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AUSTRALASIA

11th Oct 2018

Common types of patent claims in the field of chemical sciences

The purposes of the claims of a patent are to define the metes and bounds of an invention, and to place the public on notice of what constitutes an...

The purposes of the claims of a patent are to define the metes and bounds of an invention, and...

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AUSTRALASIA

5th Oct 2018

Computer Implemented Inventions in Australia – Apple Inc. [2018] APO 54 (20 August 2018)

Background Australian patent application 2015298710 (the “application”) was filed on 7 June 2015 by Apple Inc. (“Apple”). The invention related generally to computer user interfaces, and more specifically to context specific user...

Background Australian patent application 2015298710 (the “application”) was filed on 7 June 2015 by Apple Inc. (“Apple”). The invention related generally to...

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AUSTRALASIA

27th Sep 2018

Clarification on Data Collection Requirements for Patent Term Extensions: Section 76A Repealed

Patentees applying for patent term extensions (PTE) in Australia may be familiar with section 76A of the Patents Act 1990, which required that the Department of Health be notified...

Patentees applying for patent term extensions (PTE) in Australia may be familiar with section 76A of the Patents Act...

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AUSTRALASIA

24th Sep 2018

Australia Update – There is a Difference Between 2 and 4 Brothers

4 Brothers Brewing applied to register the below trade mark in connection with beer and the brewing of beer.

4 Brothers Brewing applied to register the below trade mark in connection with beer and the brewing of beer.

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AUSTRALASIA

24th Sep 2018

Australia Update – When use supersedes descriptiveness

This matter concerned an application by ATP Institute Pty Ltd to register the trade mark MULTI FOOD in connection with supplements in Class 5.

This matter concerned an application by ATP Institute Pty Ltd to register the trade mark MULTI FOOD in connection...

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AUSTRALASIA

24th Sep 2018

New Zealand Update – Another Costly Opposition for Monster Energy

Monster Energy Company opposed registration of trade mark application No. 1039137 UNLEASH YOUR POWER in Class 30, owned by Nutrition Fit 2004, Limited. Monster Energy’s opposition was based...

Monster Energy Company opposed registration of trade mark application No. 1039137 UNLEASH YOUR POWER in Class 30, owned by...

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AUSTRALASIA

24th Sep 2018

Australia Update – No reputation, No opposition

Elmwood Design opposed the application by Dig & Fish to register the trade mark DIG&FISH in connection with a range of business and information technology services.

Elmwood Design opposed the application by Dig & Fish to register the trade mark DIG&FISH in connection with a...

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AUSTRALASIA

24th Sep 2018

New Zealand Update – When Secondary Meaning Helps Overcome Initial Objections

The New Zealand Institute for Plant and Food Research Limited (“NZ Institute”) applied to register trade mark application No. 955412 PLANT AND FOOD RESEARCH; PLANT & FOOD RESEARCH (series)...

The New Zealand Institute for Plant and Food Research Limited (“NZ Institute”) applied to register trade mark application No....

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AUSTRALASIA

7th Sep 2018

Changes to Australian Consumer Law: Substantial Increase in Financial Penalties

On 23 August 2018, Parliament passed legislation amending the Competition and Consumer Act 2010 (Cth)(CCA). The amendment increases the maximum financial penalties under the Australian Consumer Law for provisions...

On 23 August 2018, Parliament passed legislation amending the Competition and Consumer Act 2010 (Cth)(CCA). The amendment increases the...

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AUSTRALASIA

24th Aug 2018

Dispute between Dunlop and Goodyear highlights importance of maintaining control over use of marks

- Dispute between Dunlop and Goodyear over use and registration of DUNLOP and ‘flying D’ device mark - Use by Goodyear Australia was under control of registered owner, Goodyear US -...

- Dispute between Dunlop and Goodyear over use and registration of DUNLOP and ‘flying D’ device mark - Use by...

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