News & Resources

Changes in Australian patent fees – 2 September 2016 IP Australia (Australia’s Patent Office) has recently confirmed that new patent fees will be applicable as of 10 October 2016 (see here). The changes include: slashing the fee for an international-type search (ITS) from A$2,200 to A$950; increasing the renewal fees payable on the 10th to […]

R&D tax incentives checklist – 9 August 2016 The ATO has issued a new checklist to help guide businesses on whether they are eligible for a research and development tax incentive. You can find it here: https://www.ato.gov.au/Business/Research-and-development-tax-incentive/Checklist-for-claiming-the-R-D-Tax-Incentive/ For innovating and exporting businesses looking for funding sources, check our funding page as a starting point: https://www.brmpatentattorneys.com.au/patent-attorney-services/patents/funding-grants-incentives-venture-capital/

The interpretation of omnibus claims under Australian law – 8 July 2016 Omnibus claims were commonly used in Australia until 15 April 2013 when our law was changed. The changes, in effect, outlawed the routine use of omnibus claims in new patent applications. The explanatory memorandum accompanying the changes included: ‘Unlike most other countries, Australia […]

A patent specification is NOT a sales document – 14 June 2016 A recent decision [1] of the Federal Court [2] provides guidance on the Australian patent utility requirement in the context of a mechanical invention. The decision demonstrates: that the Australian utility requirement differs significantly to analogous requirements in other jurisdictions; and the significance […]

Software that’s plainly unpatentable – 20 May 2016 This article has been archived. For the most up to date information, please contact our software patent attorney. In recent years, we have followed developments in Australian jurisprudence in connection with computer implemented business methods. Late last year we reported (here) a decision of the Full Federal […]

Australian mining patent application not the best – 1 April 2016 A recent decision [1] of the Federal Court of Australia [2] provides guidance on the Australian best method (best mode) requirements in the context of a mechanical invention. The case was decided under an earlier iteration of the Australian Patents Act 1990 (the Act) […]

Lighting patent shines – 30 March 2016 A recent decision [1] of the Full Federal Court [2] upheld an earlier judgement [3] that a Melbourne based company’s innovation patent [4] to a street light had been infringed by another Australian company [5]. The decision illustrates: the successful enforcement of an innovation patent to an invention […]