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, 20221 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, 20224 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...
15 views0 comments
stevedavey4
Sep 11, 20212 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....
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stevedavey4
Mar 19, 20212 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...
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stevedavey4
Jan 28, 20212 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, 20211 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...
126 views0 comments
stevedavey4
Nov 20, 20201 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, 20201 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...
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stevedavey4
Jan 21, 20201 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...
153 views0 comments
Steve Davey
Dec 29, 20193 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. ...
86 views0 comments
Steve Davey
Dec 10, 201914 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...
383 views0 comments
Steve Davey
Feb 28, 20191 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...
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Steve Davey
Feb 20, 20192 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...
174 views0 comments
Steve Davey
Feb 10, 20192 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...
883 views0 comments
Steve Davey
Mar 19, 20172 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...
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Steve Davey
Feb 7, 20171 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...
121 views0 comments
Steve Davey
Nov 14, 20161 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...
38 views0 comments
Steve Davey
Oct 5, 20161 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...
34 views0 comments
Steve Davey
Oct 6, 20152 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...
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