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...
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Steve Davey
- Mar 9, 2019
- 5 min
Is the Australian Innovation Patent the same as the Chinese Utility Model Patent?
Both Australia and China have two grades of patents. The top grade is harder to obtain than the lower grade, but the top grade lasts...
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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...
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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
- Oct 27, 2018
- 1 min
Are methods of medical treatment patentable?
Methods of medical treatment are patentable in Australia, but not in New Zealand. The Australian High Court decision of Apotex Pty Ltd v...
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Steve Davey
- Oct 31, 2017
- 3 min
Are methods of psychological treatment patentable?
In the Patent Office decision of First Principles, Inc. [2011] APO 1 (5 January 2011), the Hearing Officer Phil Spann refused standard...
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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
- 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...
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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
- Aug 19, 2015
- 2 min
How can I stop an infringer before my patent is granted?
If you ask someone to sign a confidentiality agreement before you disclose your provisional patent application to them, then you can sue...
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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...
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