A recent Court decision[1] considered an innovation patent relating to passive fire protection and confirmed that, whilst innovative step is low bar, it is a bar that must be cleared for an innovation patent to be valid. Australia’s 8-year innovation patent is being phased out, but existing innovation patents remain in force and new innovation […]
Invariably, whenever a patent is enforced, there are two key arguments: ‘infringement’ – the accused will argue that their product and/or process is not covered by the patent; and ‘validity’ – the accused will argue that the patent is invalid. In recent court decisions [1] concerning mining safety systems, the accused succeeded on both points. […]
Airco have failed in their challenge to an earlier court decision holding that certain Airco fuel cells are covered by Illinois Tool Works’ (ITW’s) Australian patent number 2005232970. The decision highlights the importance of the wording in a patent and that the interpretation of wording can often be argued one way or the other. Figure […]
GME has successfully enforced its registered design no. 201613671 to stop Uniden selling the Xtrak microphone. The decision provides an illustrated guide on the types of design changes that will not move a product beyond the reach of an Australian design registration. Design rights such as design patents guard new products against imitations that […]
The patent system is based on a bargain between innovators and the public: private monopoly in return for innovation and information. Newness and non-obviousness are key requirements for a valid standard patent, but they are not the only requirements. This article discusses the sufficiency and support requirements that aim to ensure that the innovation and […]
Q: Why patent a manufacturing process? A: To guard against price competition. Some advanced manufacturing processes produce innovative new products. Others make old products more efficiently. In either case: – profit margin will disappear over time if imitators can compete on price; and – competitors are likely allowed to imitate if you don’t patent. Generally […]
Patent documents are typically dense with technical information and often include long sections of strange wording far removed from everyday English. Finding what you need is much easier once you learn your way around a typical patent document and understand the logic behind the strange wording. Anatomy of a patent document The text and drawings […]
Our office will close for the holidays midday Friday 24 December 2021 and will reopen on Tuesday 4 January 2022. We are available for urgent matters between these dates. If you have an urgent enquiry during this time, please forward an email to mail@brmpatentattorneys.com.au and we will respond as soon as we can. Best wishes […]
In Australia we have ‘design registrations’ which are akin to design patents in the US and ‘patents’ which are akin to utility patents in the US. A general 12-month grace period has long applied in connection with Australian patents whereas there is no similar grace period in connection with Australian design registrations. Prematurely publishing a […]
BRM is a new firm with a long history. BRM’s experienced professionals together have well over a century of experience providing outstanding patent attorney services. Some of you may know our professionals from Wadeson. In 2019, Wadeson celebrated its 10th anniversary as a proudly independent Australian patent and trade mark attorney firm. As of 1 […]
