Patentable Subject Matter: Second Bite of the Apple® Sweeter than a Cripps Pink®

While those in the ICT space wait with baited breath on the outcome of Encompass Corporation Pty Ltd v InfoTrack Pty Ltd, NSD734/2018 (the Encompass appeal, reported here) for guidance on the subject matter eligibility of computer-implemented inventions, a recent decision has perhaps softened the position of the Australian Patent Office. In Apple, Inc. [2019] …
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Patent box tax scheme – in Australia?

Treasurer, Josh Frydenberg, recently indicated before a business audience in the UK that the Australian government was considering implementing a patent box tax scheme much like tax schemes adopted by other jurisdictions, most notably, the UK, France, Ireland, Switzerland, the BeNeLux countries and China. While implementation of a patent box tax scheme in Australia is …
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Proudly sponsoring the 2019 Graeme Clark Oration

Today marks the annual Graeme Clark Oration, of which POF is very proud to be a long standing sponsor. The Oration informs the community about scientific advances in health and medical research, delivered by recognised global leaders in their field. This year the Oration will be delivered by Professor Timothy Denison from the University of …
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Brazil joins Madrid System

Brazil has become the latest member of the Madrid System. From 2 October this year, Australian trade mark owners will be able to seek protection in Brazil when filing an application for international registration using the Madrid System. The Madrid System enables trade mark owners to file a single international trade mark application to seek …
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AU-EP Patent Prosecution Highway Extended

Following a successful three-year trial, the European Patent Office (EPO) and the Australian Patent Office (IP Australia) have agreed to extend the bilateral Patent Prosecution Highway (PPH) pilot program between them for a further three years. This bilateral PPH pilot program enables applicants with either an accepted (or granted) patent application in Europe or Australia, …
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Entitlement to ownership of a design registration: Get it right or risk losing it!

At the core of the right to ownership of a registered design is the fundamental principle of entitlement derived from creation of the design. Ultimately, entitlement flows from the person who created the design, but may reside for example with their employer. An issue that often arises is who the actual designer is, particularly where …
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Congratulations to our new Partner, Special Counsel and Senior Associates

We are delighted to announce four new appointments effective from 1 July, 2019. Managing Partner Ross McFarlane says: “The lifeblood of our business is our outstanding people. On behalf of my fellow partners, I am delighted to celebrate Phillips Ormonde Fitzpatrick’s continued success through the elevation of these highly talented attorneys/lawyers.” Anita Brown – Partner …
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