A new search system for Australian patents, called AusPat, is now in production as the Australian Patent Office’s official source of online data. The prior Patsearch and PATADMIN search systems should no longer be required. Click here for AUSPAT.
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Approximate turnaround times for trade mark examination at IPONZ are as follows: New applications – examined within 5 business days Consideration of Applicant’s response (formalities issues) – 1 month Consideration of Applicant’s response (substantive issues) – 4-6 months Consideration of Applicant’s response (with evidence of use) – 12 months Issuing final rejection notice – 12 [...]
Click here to see the full post Since 1991 Health World Limited (“Health World”), had manufactured and sold a medicine product which it called Inner Health Powder. In 2000 it commenced sale of a similar product called INNER HEALTH PLUS and in September 2001 applied to register that name as a trade mark. However, in May 2001 Shin-Sun Australian Pty Ltd (“Shin-Sun”) [...]
Click here to see the full post The Age newspaper has reported an IP expert as saying Australian innovators are failing to capitalise fully on their research by not having a proper intellectual property strategy. Click here to read the article online.
Click here to see the full post It is now possible to amend the statement of goods/services for an IR through IP Australia, rather than just deleting items. Previously, IP Australia would only delete goods (e.g. “cars and trucks” to “cars”) but would not allow an amendment (eg “motor vehicles” to “motor vehicles excluding trucks” or to “cars”). An amendment formerly had [...]
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The case of Les Laboratoires Servier v Apotex Pty Ltd [2008] APO 11 (11 April 2008) provides a useful summary of the principles applied by the Commissioner of Patents in determining a request for dismissal of a patent opposition. Following is an excerpt from the Abstract of the decision: Some general principles that flow through [...]
Click here to see the full post Where a patentee offers to surrender their patent under section 43, then the patentee should file a patent form 46 (regulation 107) ensuring that reasons are provided for the offer of surrender. The offer of surrender will be acknowledged by IPONZ in a letter to the patentee. The offer will be advertised (regulation 107) in [...]
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