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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.
Website:
https://patentology.com.au
Latest from Patentology - Page 7
Patent-Eligibility of Computer-Implemented Inventions – Appeals Court Says an ‘Advance in Computer Technology’ is Required
In a unanimous decision – Commissioner of Patents v Aristocrat Technologies Australia Pty Ltd [2021] FCAFC 202 – a Full Bench of three judges (Middleton, Perram and Nicholas JJ) of the Federal Court of Australia (‘Full Court’) has reversed last…
Raising the Bar Has Not Reduced the Patent Acceptance Rate in Australia
Data on patent acceptances into 2021 confirms that the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (‘RtB Act’), which came into effect on 15 April 2013, has had a minimal impact on the rate of patent application acceptance…
Australia and NZ: ‘Reasonable Efforts’ to Join the Hague Agreement on Industrial Designs Mean Nothing
Recently, both Australia and New Zealand have reached ‘agreement in principle’ on proposed free trade agreements (FTAs) with the UK. Details of the Australia-UK agreement in principle can be found on the Australian Department of Foreign Affairs and Trade (DFAT)…
Innovation Patent System ‘Ends’ not with a Whimper, but a Bang!
The innovation patent has been Australia’s second tier patent right since 2001, but it is now being phased out. Just over two months have now passed since the final day on which new, original (i.e. not derived from an…
DABUS Again Denied in the US and the UK, Part III – Implications for Australia
In both the US and the UK, patent offices have refused to allow applications filed by Dr Stephen Thaler to proceed, on the basis that the named inventor – an ‘AI’ machine dubbed DABUS – is not a human being. …
DABUS Again Denied in the US and the UK, Part II – the Split Decision in the UK
In the first article in this series I looked at the US approach to the role of the inventor in patent law and practice, and at the recent decision of Judge Leonie M Brinkema in the United States District…
DABUS Again Denied in the US and the UK, Part I – the Approach in the US
On 27 August 2021, the Commissioner of Patents lodged an appeal (case no. VID496/2021) against the decision of Justice Beach in the Federal Court of Australia finding that the ‘AI’ machine known as DABUS could be named as…
It’s Farewell to Shelston IP, as IPH Executes Another ‘Integration’
The corporate behemoth that is IPH Limited (ASX:IPH) – which at close on 10 September 2021 had a market capitalisation of A$2.00 billion, and was trading at a near-all-time-high of A$9.270 – has, through a series of acquisitions…
Did the Pandemic Affect 2020 Australian PCT Filings?
As I reported back in January, there were some indications of weakening patent filings by Australian applicants in 2020. Domestic applicants filed 10% fewer Australian standard applications than in 2019. And while provisional filings overall fell by only 2%,…