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, 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...
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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...
38 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...
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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...
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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. ...
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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...
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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...
123 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...
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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...
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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...
100 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...
26 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...
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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...
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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...
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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...
6 views0 comments