Can I legally get evidence from a competitor who I suspect is infringing my intellectual property?
You can use the "preliminary discovery" process to obtain documents prior to the commencement of court proceedings to assess the merits...
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stevedavey4
- Dec 7, 2022
- 1 min
Can I patent a game?
The short answer to this question is 'no'. The Examiners Manual states: "Games per se are not patentable being merely mental processes,...
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stevedavey4
- Jul 27, 2022
- 4 min
Does the US patents office still accept software patent applications?
The short answer is 'no'. US Examiners routinely reject applications for software inventions on the basis they are allegedly "mere...
8 views0 comments
stevedavey4
- Sep 11, 2021
- 2 min
Do countries outside Australia have innovation patents?
Patent Examiners often object to patent applications on the basis that the invention is obvious. Everything seems obvious in hindsight....
13 views0 comments
stevedavey4
- Mar 19, 2021
- 2 min
How do I protect my idea in China?
You can protect your idea in China with a patent application. There are three types of patents in China: (1) invention, (2) utility and...
23 views0 comments
stevedavey4
- Jan 28, 2021
- 2 min
Do I own the invention that my employee created?
Employees The employer owns the intellectual property created by an employee if it is related to the employer’s business, unless the...
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stevedavey4
- Jan 24, 2021
- 1 min
Is software patentable in New Zealand?
The New Zealand Patents Act specifically excludes software from being patentable subject matter. However, new software for controlling...
67 views0 comments
stevedavey4
- Nov 20, 2020
- 1 min
Can people re-use my patented products once I sell them?
Yes they can. In the case of Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 the majority of the High Court of Australia ruled...
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stevedavey4
- Jun 24, 2020
- 1 min
Can I patent a board game?
No. Abstract ideas such as rules for playing a game are not patentable subject matter. However, you can register your board design. The...
24 views0 comments
stevedavey4
- Jan 21, 2020
- 1 min
Can I patent cosmetics?
Cosmetics are patentable. Natural ingredients used in cosmetics cannot be patented by themselves. However, you can patent the use of...
126 views0 comments
Steve Davey
- Dec 29, 2019
- 3 min
What happens if my invention is disclosed before I filed a patent application?
A primary rule of the patent system is that you should not tell anybody about your invention before you have filed a patent application. ...
55 views0 comments
Steve Davey
- Dec 10, 2019
- 13 min
Is software patentable in Australia?
The short answer is that the Australian Patents Office will grant patents for software that has a technical purpose which is connected...
303 views0 comments
Steve Davey
- Feb 28, 2019
- 1 min
Should I update the ownership details of my patent on the register?
Section 187 of the Patents Act 1990 requires details of changes in ownership of patents to be recorded on the register. However, there is...
22 views0 comments
Steve Davey
- Feb 20, 2019
- 2 min
Are perpetual motion machines patentable?
The short answer is 'no'. Perpetual motion machines allegedly produce endless motion without any external source of energy. However, all...
138 views0 comments
Steve Davey
- Feb 10, 2019
- 2 min
What is a divisional patent application?
A patent can only claim one invention. Sometimes during the course of examination, an Examiner identifies more than one invention in the...
806 views0 comments
Steve Davey
- Mar 19, 2017
- 2 min
Can I get compensation for the damage to my business as a result of threats of patent infringement?
A person or company that has been unjustifiably threatened with patent infringement litigation may seek an injunction to prevent the...
17 views0 comments
Steve Davey
- Feb 7, 2017
- 1 min
If I terminate a licence agreement, can the licensee still use my intellectual property?
In the case of Apple & Pear Australia Ltd v Pink Lady America LLC [2015] VSC 617, the Victorian Supreme Court determined that a...
110 views0 comments
Steve Davey
- Nov 14, 2016
- 1 min
Can I patent my recipe?
Recipes are most effectively protected by the law of trade secrets, rather than copyright or patents. Well known secret recipes were...
31 views0 comments
Steve Davey
- Oct 5, 2016
- 1 min
How can I avoid claims of co-ownership or co-inventorship of my invention?
The case of Kafataris v Davis [2016] FCAFC 134 shows that you only disclose your invention to interested third parties under a...
21 views0 comments
Steve Davey
- Oct 6, 2015
- 2 min
Can I patent an isolated nucleic acid for genetic testing?
In the case of D'Arcy v Myriad Genetics Inc [2015] HCA 35, the High Court of Australia unanimously determined that the isolated nucleic...
8 views0 comments
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