My latest analysis of patent filing data for 2024 confirms a shift that has been years in the making – Chinese applicants have finally overtaken Australian residents to become the second largest source of patent applications, behind only the United
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Patent Filing Trends 2024– Market Share Shifts Continue as Firms Face Ongoing Challenges
The landscape of patent filing activity across Australia and New Zealand underwent continued transformation in 2024, marked by declining total filings and ongoing shifts in market share distribution and firm performance. Total standard patent applications filed in Australia decreased by…
Seeking Patent Professionals to Help Train AI Models to Assess Claim Scope
Those of you who have been following my journey over the past couple of years will be aware that I am currently conducting PhD research at Melbourne Law School, investigating patent claim scope and its relationship to patent system performance. …
New IP Scam Alert: Fraudsters Now Impersonating Registered Attorneys
In a concerning development, the authority that regulates the Australian and New Zealand IP professions, the Trans-Tasman IP Attorneys Board (TTIPAB), has warned attorneys about an ongoing scam involving the impersonation of registered IP attorneys to defraud IP rights…
Is It Time to Talk (Again) About Reforming Australia’s ‘Best Method’ Requirement?
The recent Full Federal Court decision in Zoetis Services LLC v Boehringer Ingelheim Animal Health USA Inc [2024] FCAFC 145 has highlighted fundamental flaws in the Australian patent law’s ‘best method’ requirement. While the court’s application of existing principles appears…
Hindsight by Stealth? Pre-RtB ‘Ascertainment’ After Sandoz v Bayer
A recent Full Court decision suggests that demonstrating prior art could be ‘reasonably expected to be ascertained’ under the pre-Raising the Bar (RtB) law may be considerably easier than previously thought. But has the pendulum swung too far? In relaxing…
Full Court Delivers Hot N Cold Comfort in Katy Perry Trade Mark Battle
While this blog normally focuses on patent matters, occasionally a case comes along that warrants stepping outside my usual lane. The Full Court of the Federal Court’s decision in Killer Queen LLC v Taylor [2024] FCAFC 149, delivered last…
Here We Go Again? Aristocrat Eyes High Court After Grant of Leave to Appeal
A single judge of the Federal Court of Australia, Justice O’Bryan, has granted Aristocrat Technologies Australia Pty Ltd (‘Aristocrat’) leave to appeal a decision issued back in March this year. In that decision, Justice Burley found that all remaining claims…
Have Australia’s ‘Raising the Bar’ Law Reforms Suppressed Patent Oppositions?
Australia has a pre-grant patent opposition system. That is to say, once an application has passed examination and been accepted for potential grant as a patent, there is a period (of three months) during which anybody may oppose the grant. …
Large vs Small, Group Ownership vs Independent – What Factors Influenced Firms’ Patent Filing Share in 2023?
As I recently reported, Australian patent filings in 2023 fell slightly, by 2.4%, over the previous year. This implies, of course, that patent attorneys filing applications on behalf of domestic and foreign clients should, overall, also have experienced a…