Aside from the invention itself, the deadlines for conducting certain acts or paying certain fees are the most important aspect of a patent application as missing one deadline could lead to irreversible catastrophe for the applicant and the attorney handling the matter. Many countries utilise a...

[caption id="attachment_26946" align="alignright" width="234"] Photo by Gif Frame on Unsplash[/caption] We are now just a little over six weeks away from the final day that applications for new innovation patents can be filed. After 25 August 2021, it will no longer be possible to file applications...

If you’ve designed or developed something that looks unique it’s worthwhile considering how you can best profit from your efforts. Design protection stops others from copying the visual appearance of your product. In Australia, design protection can be obtained for up to ten years. Design protection covers the...

Procuring patent protection for new medical devices and equipment is well known and the legal principles for achieving such protection for novel and inventive devices are relatively similar across major international jurisdictions. However, for the category of patentable inventions includes methods or processes which involve...

[caption id="attachment_26877" align="alignright" width="344"] Photo by Testalize.me on Unsplash[/caption] The Full Federal Court of Australia, in Ariosa Diagnostics, Inc v Sequenom, Inc [2021] FCAFC 101, has unanimously upheld the decision that a method of detecting cell-free fetal DNA (cffDNA) in the plasma and serum of pregnant...

Michael Buck IP has bolstered its leadership team by promoting trade marks attorney Geraldine Rimmer to Principal.   Geraldine has been an attorney for 20 years. She began her career as a solicitor completing an Articles of Clerkship at a general practice law firm and then went...

As Trade Marks Attorneys far and wide will attest, trade marks which have no descriptive significance are not only easier to register, they also provide the strongest enforceable rights for brand owners. It is always best to choose a distinctive brand for a business. Owners of...

I find it very rewarding to assist clients in identifying, protecting and managing their trade marks.  As I am working exclusively in the trade marks world, I thought it might be helpful to share here some common questions and myths that arise in my day-to-day...

Patent oppositions occur infrequently however it is important to be aware of them and to know any strategic advantages or issues that can arise. Information for Applicants/Patentees What to do if your patent/patent application is being opposed If your patent is being opposed, speak to your registered patent...

The Australian government’s 2021-22 budget released 11 May 2021 announced plans to encourage research through a new patent box regime (see Andy's article) and also by allowing businesses to self-assess intangible depreciating assets, such as their intellectual property, rather than being required to use the...

While they might currently be a personal style preference for many men, beards can be challenging for medical staff trying to treat a patient requiring a Bag Mask Ventilation (BMV) over their face. A BMV is used in emergency situations when patients require assistance to breathe. Facial hair reduces the ability to create an adequate seal on the patient’s face, making it...

In 2015, Audeara began as a startup co-founded by doctors Dr James Fielding and Dr Chris Jeffery and engineer Alex Afflick. Today (Tuesday 18 May 2021), Audeara listed on the ASX (ASX AUA).   The trading debut is an exciting milestone for the Brisbane-based hearing technology company that plans to expand internationally after its IPO.  When the company launched their...

Continuing on with my article in relation to the differences in double patenting in Australia and New Zealand, this article discusses some of the differences between divisional filing practice in Australia and New Zealand. Australia In Australia, a divisional patent application may be filed from a patent...

State of Escape, an Australian company that designs and sells handbags and tote bags, recently brought an allegation of copyright infringement of the Escape Bag, a perforated neoprene tote bag, against Stefanie Schwartz. Unfortunately for State of Escape, copyright was not enough to prevent Stefanie...

Seeking trade mark registration in the USA?  There’s good news if your trade mark lacks distinctiveness! It is a core principle of trade marks that an application will be rejected if the mark lacks distinctiveness. That is, if an Examiner deems that the trade mark is...

𝗥𝗼𝘂𝗻𝗱 𝟰 𝗼𝗳 𝘁𝗵𝗲 𝗠𝗮𝗱𝗲 𝗶𝗻 𝗤𝘂𝗲𝗲𝗻𝘀𝗹𝗮𝗻𝗱 (𝗠𝗜𝗤) 𝗣𝗿𝗼𝗴𝗿𝗮𝗺 𝗶𝘀 𝗻𝗼𝘄 𝗼𝗽𝗲𝗻. Eligible SMEs can apply for grants between $50 000 and $2.5 million and will be reimbursed up to 50 per cent of the Eligible Project costs. Regional manufacturing projects with a value of...

A recent Australian Federal Court Decision on Design Registrations which reversed an initial decision by the Registrar of Designs has shed light on the issue of confidential disclosures by email.   Background On 16 February 2015, Sun-Wizard filed a request under s63 for the Registrar to examine the registered design....

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