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Is software patentable in Australia?
The short answer is that the Australian Patents Office will grant patents for software that has a technical purpose which is connected...
Steve Davey
Dec 10, 201914 min read
388 views
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Is the Australian Innovation Patent the same as the Chinese Utility Model Patent?
Both Australia and China have two grades of patents. The top grade is harder to obtain than the lower grade, but the top grade lasts...
Steve Davey
Mar 9, 20195 min read
66 views
0 comments


Are perpetual motion machines patentable?
The short answer is 'no'. Perpetual motion machines allegedly produce endless motion without any external source of energy. However, all...
Steve Davey
Feb 20, 20192 min read
310 views
0 comments


What is a divisional patent application?
A patent can only claim one invention. Sometimes during the course of examination, an Examiner identifies more than one invention in the...
Steve Davey
Feb 10, 20192 min read
891 views
0 comments


Are methods of medical treatment patentable?
Methods of medical treatment are patentable in Australia, but not in New Zealand. The Australian High Court decision of Apotex Pty Ltd v...
Steve Davey
Oct 27, 20181 min read
28 views
0 comments


Are methods of psychological treatment patentable?
In the Patent Office decision of First Principles, Inc. [2011] APO 1 (5 January 2011), the Hearing Officer Phil Spann refused standard...
Steve Davey
Oct 31, 20173 min read
514 views
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Can I get compensation for the damage to my business as a result of threats of patent infringement?
A person or company that has been unjustifiably threatened with patent infringement litigation may seek an injunction to prevent the...
Steve Davey
Mar 19, 20172 min read
26 views
0 comments


Can I patent my recipe?
Recipes are most effectively protected by the law of trade secrets, rather than copyright or patents. Well known secret recipes were...
Steve Davey
Nov 14, 20161 min read
38 views
0 comments


How can I avoid claims of co-ownership or co-inventorship of my invention?
The case of Kafataris v Davis [2016] FCAFC 134 shows that you only disclose your invention to interested third parties under a...
Steve Davey
Oct 5, 20161 min read
37 views
0 comments


Can I patent an isolated nucleic acid for genetic testing?
In the case of D'Arcy v Myriad Genetics Inc [2015] HCA 35, the High Court of Australia unanimously determined that the isolated nucleic...
Steve Davey
Oct 6, 20152 min read
16 views
0 comments


How can I stop an infringer before my patent is granted?
If you ask someone to sign a confidentiality agreement before you disclose your provisional patent application to them, then you can sue...
Steve Davey
Aug 19, 20152 min read
20 views
0 comments


How do I know if a prior publication will invalidate my patent?
The Full Federal Court of 5 judges held in Bristol-Myers Squibb Company (BMS) v Apotex Pty Ltd [2015] FCAFC 2 that a patent will be...
Steve Davey
Jan 22, 20152 min read
8 views
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Are methods of medical treatment patentable?
The High Court affirmed that methods of medical treatment can be patented in Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd [2013] HCA...
Steve Davey
Dec 4, 20132 min read
11 views
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