January 16, 2017 5:03 PM | Posted by Gus Lightowlers | Permalink

Approximately two years ago, the US Supreme court in the Alice decision considered the in-principle patentability of software patents. Since then, gaining US software patents has been very difficult.

In 2016, the United States Court of Appeals for the Federal Circuit has considered numerous appeals from district courts relating to patentable subject matter. This blog post discusses the two-step test from the Alice decision and how the test was applied by the Court in 2016, the developing trends for patentable subject matter in the US as it relates to software patents and the take-away messages for 2017.

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December 23, 2016 4:15 PM | Posted by Nadia Braad & Edward Knowlman | Permalink
Not so long ago, but in a country far, far away, Australia Post set up the 'ShopMate' service, which offers consumers a way to obtain products from sellers in the US who do not normally ship to Australia.  In the lead up to 'Black Friday', monthly registrations for the service tripled.  However, trade mark owners might have a bad feeling about ShopMate, as it may have the unintended consequence of frustrating trade mark owners seeking to prevent cross-jurisdictional importation. read more
December 16, 2016 8:00 AM | Posted by Helen Lauder & John Fairbairn | Permalink
Foxtel and a number of movie studios have secured the first site blocking orders in Australia.  The orders require the major Australian ISPs, on a no fault basis, to block access to a number of infamous sources of illegal content, namely, The Pirate Bay, TorrentHound, IsoHunt, Torrentz and SolarMovie.  It is a positive step for creative industries and their ongoing initiatives to stop illegitimate free sources of their content. read more
December 7, 2016 2:34 PM | Posted by Hayley Tarr | Permalink
In this post, Hayley Tarr, Senior Associate at Minter Ellison – Gold Coast, suggests that the greater social good would be achieved by a delegation of powers from the courts (the judiciary) to the Trade Marks Office (the executive). read more
December 2, 2016 4:28 PM | Posted by Hayley Tarr | Permalink
When commenting on the trade mark case Dick Smith Investments Pty Ltd v Ramsey [2016] FCA 939, Mr Smith is supposed to have said: “[t]his is an example of the ridiculous cost of the law, we’ve spent $550,000 on this case so far, and Aussie Mite has spent something like $400,000.”  His criticism is fair. Intellectual property rights are costly to enforce.  In this post, we consider a possible solution to this problem. read more
December 2, 2016 4:21 PM | Posted by Desiree Chong | Permalink
On 5 October 2016, the Full Federal Court delivered judgment in Kafataris v Davis [2016] FCAFC 134. The case concerned Mr Kafataris' entitlement to be recognised as a co-inventor of a PCT application under section 15 of the Patents Act 1990 (Cth). This judgment serves as a practical reminder to ensure that appropriate contractual arrangements are in place to clarify a person's co-inventorship status, lest their contributions go unrecognised. read more
December 2, 2016 11:27 AM | Posted by Alyssa Dixon | Permalink
The Full Federal Court has recently handed down its decision in the appeal by Otsuka Pharmaceutical Co (Otsuka) against the earlier finding by Justice Yates that Otsuka's patent relating to aripiprazole, a drug used in the treatment of schizophrenia, is invalid for want of novelty and inventive step. read more
December 1, 2016 8:55 AM | Posted by Veronica Scott | Permalink
Most organisations are well aware of their privacy obligations to their customers, but many assume that they don't have to worry about privacy when dealing with their employee's personal information because of the employee record exemption in the Privacy Act 1988 (Cth).  read more
December 1, 2016 8:30 AM | Posted by Tony Middleton | Permalink
A recent decision by the Federal Court comes amidst the start of the festive season but has left neither party with any holiday cheer. read more
November 8, 2016 11:51 AM | Posted by Tony Middleton | Permalink
In a relatively recent flurry of decisions, the Federal Court examined a variety of agreements purporting to give exclusive rights to various licensees to exploit patents under the Patents Act 1990 (Cth) (Act). These decisions consider whether a purported exclusive licensee of a patented article is actually entitled to the rights of an exclusive licensee under the Act. read more