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    Do countries outside Australia have innovation patents?
    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....
    8 views0 comments
    How do I protect my idea in China?
    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...
    9 views0 comments
    Do I own the invention that my employee created?
    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...
    10 views0 comments
    Is software patentable in New Zealand?
    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...
    21 views0 comments
    Can people re-use my patented products once I sell them?
    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...
    12 views0 comments
    Can I patent a board game?
    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...
    12 views0 comments
    Can I patent cosmetics?
    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...
    83 views0 comments
    What happens if my invention is disclosed before I filed a patent application?
    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. ...
    8 views0 comments
    Should I update the ownership details of my patent on the register?
    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...
    14 views0 comments
    Are perpetual motion machines patentable?
    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...
    115 views0 comments
    What is a divisional patent application?
    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...
    540 views0 comments
    Can I get compensation for the damage to my business as a result of threats of patent infringement?
    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...
    10 views0 comments
    If I terminate a licence agreement, can the licensee still use my intellectual property?
    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...
    95 views0 comments
    Can I patent my recipe?
    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...
    25 views0 comments
    How can I avoid claims of co-ownership or co-inventorship of my invention?
    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...
    12 views0 comments
    Can I patent an isolated nucleic acid for genetic testing?
    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...
    6 views0 comments
    How do I know if a prior publication will invalidate my patent?
    Steve Davey
    • Jan 22, 2015
    • 2 min

    How do I know if a prior publication will invalidate my patent?

    The Full Federal Court of 5 judges held in Bristol-Myers Squibb Company (BMS) v Apotex Pty Ltd [2015] FCAFC 2 that a patent will be...
    5 views0 comments
    Are methods of medical treatment patentable?
    Steve Davey
    • Dec 4, 2013
    • 2 min

    Are methods of medical treatment patentable?

    The High Court affirmed that methods of medical treatment can be patented in Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd [2013] HCA...
    5 views0 comments
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