In a decision handed down on 13 April 2022, a panel of five judges of the Federal Court of Australia (‘Full Court’) overturned last year’s controversial ruling by Justice Jonathan Beach, determining that the (alleged) ‘AI inventor’ DABUS cannot
Patentology
Patentology is a blog focused on intellectual property law, particularly patent law, with an emphasis on the Australian and New Zealand jurisdictions. It covers topics such as patent application processes, patent office practices, law reform, and the impact of emerging technologies like artificial intelligence on patent drafting and prosecution. The blog provides analysis of patent attorney market dynamics, examination backlogs, and legislative changes affecting patent systems. It also discusses practical issues faced by patent professionals and applicants, including the use of AI tools in patent specification drafting and challenges in patent examination. The content is aimed at patent attorneys, IP professionals, and stakeholders interested in patent law developments and policy.
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Patent Examination Delays are Rising at IP Australia
In my previous article I presented some data on Australian standard patent application prosecution events between 2017 and 2021. While the total number of events (examination requests, examination reports, responses and acceptances) has remained fairly consistent in recent years,…
Who Were The Leading Australian Patent Prosecution Firms in 2021?
With significant increases in both standard and (especially) innovation patent applications, 2021 should have been a bumper year for patent attorneys operating in Australia. And although that was true overall, the benefits were not uniformly distributed. While some smaller…
Federal Appeals Court Affirms the Role of ‘Balance’ in Scheme for Extending Term of Pharmaceutical Patents
On 18 March 2022, the Full Court of the Federal Court of Australia issued decisions relating to term extensions of patents covering pharmaceutical products: Commissioner of Patents v Ono Pharmaceutical Co. Ltd [2022] FCAFC 39 (‘Ono’); and Merck Sharp &…
Australian Appeals Court Seems Sceptical of Push to Name DABUS ‘AI’ as Inventor
Australian Medical/Biotech ‘Patent Box’ Tax Legislation Revealed
On 10 February 2022, the Treasury Laws Amendment (Tax Concession for Australian Medical Innovations) Bill 2022 was introduced to the Australian parliament, and received its first and second readings in the House of Representatives. The Bill represents the fulfilment of…
Mea Culpa! Corrections to 2021 Australian Patent Filing Statistics Show a Bigger Bumper Year than Originally Reported
This week I discovered an obscure and insidious bug in the code that maintains my Australian patent database. It has existed for months, but did not manifest itself until January, when I prepared the data for my reports on 2021…
Huawei the Top Recipient of Australian Patents in 2021, as Total Annual Grants Remain Steady
Each January, there is great interest in the leading recipients of US patents issued during the previous year and, in particular, whether IBM will once again retain the leading position it has held for over two decades. The answer to…
LG Takes Top Spot in Australian Patent Filings, While Aristocrat Slides Down Rankings
After two years on top of Australian patent filing charts – including a remarkable (by Australian standards) 435 applications in 2020 – Chinese telecommunications manufacturer OPPO dropped back to third position in 2021. The top spot was taken by last…
Australian Patent Filings Up in 2021, Aided by Innovation Patent’s Demise
The number of standard patent applications filed in Australia exceeded 30,000 for the first time in 2021, increasing by nearly 3.6% over the previous year, and following on from two successive years of decline. Growth was driven primarily by direct…