Identifying new uses to existing drugs is not uncommon. In fact, repurposing existing drugs to treat disorders other than its initially-approved indication holds real potential in providing patients options when access to other effective treatments is unavailable. When a drug is repurposed, its safety profile,...

On 12 April 2021, a new set of rules for the .au country code top level domain (ccTLD) comes into effect. All .au ccTLD domain names registered or renewed on or after this date will be subject to the new licensing rules. Currently, to be eligible...

Double patenting is the granting of two patents for a single invention to the same Applicant in a single country. Double patenting is not allowed because two patents for the same invention cannot be granted to the same Applicant. This article goes through the differences...

We are pleased to announce that our firm has again been listed among the top Australian firms for trade mark prosecution and strategy in the 2021 World Trademark Review (WTR) WTR1000 list. This ranking reflects the continued dedication of our trade marks Attorneys, Kellie Jukkola, Associate...

Following decisions by the Federal Court and the Full Federal Court of Australia, the High Court has delivered its verdict on the question of whether the refilling and reselling of used printer cartridges infringes patents directed to the cartridges. The Seiko Epson Corporation is the patentee...

The Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (“the Bill”) was introduced into the Senate on 2nd December 2020. As reported in our earlier article, the Advisory Council on Intellectual Property (“ACIP”) had released its Final Report after investigating the current Australian designs system. The...

IP Australia’s streamlined process to provide free extensions of time to customers impacted by COVID-19 continues. Australia's IP Office have advised that the deadline has been further extended until 28 February 2021. This period could be extended further, and IP Australia have said they will...

The Ceres Tag is a comprehensive animal monitoring system and the world’s only direct-to-satellite smart geo-location ear tag, developed right here in Australia. In exciting news, Ceres Tag recently won the SVG Ventures Thrive Australia Challenge announced in Silicon Valley which was a great achievement,...

In a previous blog post we mentioned the issue of trade mark scams. Domain name scams are also an ongoing concern and can be even harder to detect as fake notices can often appear to be legitimate. Commonly also known as domain name squatters or cyber...

Applications for round 2 are now open for co-funding grants of between $100,000 and $1 million, up to 25 per cent of eligible project expenditure. This government initiative aims to assist Australian manufacturers to scale-up and improve their competitiveness and resilience by adopting new technologies. It...

Many clients request worldwide patent protection and while theoretically this might be possible, for example by filing a patent application in every country or region that has a patent system, this is not a cost-effective option for many Applicants.  Some confusion may have occurred because Applicants may have heard of an ‘International patent...

The vast amount of content shared on social media has increased the need for both brand owners and third parties to consider their rights and obligations. A business’s name, logo, tagline or website domain name are often its most important and valuable assets.  Now more than...

In-N-Out Burgers, Inc. v Hashtag Burgers Pty Ltd [2020] FCA 19 Sydney-based business Hashtag Burgers Pty Ltd has been back in Court this month, defending the use of “Down-N-Out” on its burgers and restaurants. The trade mark battle with US brand In-n-Out Burger earlier determined that...

[caption id="attachment_25592" align="alignright" width="306"] Photo created by aleksandarlittlewolf - www.freepik.com[/caption] The Australian Patent Office has recently re-affirmed in Ono Pharmaceutical Co., Ltd. et al [2020] APO 43 that a request for a pharmaceutical patent term extension (PTE) must be based on the earliest first regulatory approval...

  The United Kingdom (UK) officially left the European Union (EU) on 31 January 2020 and then entered into a transition period. Owners of European trade marks and/or designs are reminded that the end of the Brexit transition period is fast approaching.   From 1 January 2021 any...

The rules regarding patent amendments for Australian amendments change once the patent has undergone substantive examination and stands accepted. The same changed rules also apply after the grant of an Australian Patent.   Unlike some other major jurisdictions such as Europe and the USA which allow a patent to be opposed within a...

[caption id="attachment_25293" align="alignright" width="200"] Photo by Sharon McCutcheon on Unsplash[/caption] A Pharmaceutical Patent Term Extension is an option that is available to eligible patentees in Australia and is intended to restore a portion of the patent term that is lost while the pharmaceutical product awaits regulatory approval. Under Australian...

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