Latest updates to Patent Law in Australia
Federal Court
UbiPark Pty Ltd v TMA Capital Australia Pty Ltd (No 2) [2023] FCA 885
UbiPark Pty Ltd v TMA Capital Australia Pty Ltd (No 2) [2023] FCA 885 confirmed (if there were any doubt about it) that an action in respect of unjustified threats of patent infringement proceedings lies not only against the person who actually makes the threat, but also against any person who acts in concert with them or is otherwise a joint tortfeasor with them. See [43150] and [PA 128.60].
MMD Design and Consultancy Limited v Camco Engineering Pty Ltd [2023] FCA 827
MMD Design and Consultancy Limited v Camco Engineering Pty Ltd [2023] FCA 827 provides another example of conduct which was considered, albeit in obiter dicta, to go beyond permissible repair of an article and into impermissible manufacture. The case includes helpful discussion of the law pertaining to the difference between these two kinds of activity. See [42580], [46310], [PA 120.300], [PA 187.300].
Boehringer Ingelheim Animal Health USA Inc v Zoetis Services LLC [2023] FCA 1119
"Comprising" may have different meanings in different contexts in the same document but if it is construed inclusively, the scope of the inclusivity cannot extend to what would amount to a substantially different invention to that which is described in the specification: Boehringer Ingelheim Animal Health USA Inc v Zoetis Services LLC [2023] FCA 1119. See [22100], [PA 40.760], [PA 40.330], [PA 40.870], [PA 7.740].
Patents Manual of Practice and Procedure
IP Australia released an updated version of the Patents Manual of Practice and Procedure in October 2023. Version 2.0 is now the official version. The updated version has new chapter numbers, page references and updated content and wording.
With this release, author Colin Bodkin has updated all references to the Manual throughout the work.
Please click here for a more detailed summary of the latest release.
The Patent Law in Australia online service continues to be an indispensable guide to obtaining, maintaining, enforcing and challenging the validity of patents in Australia. Balancing both the practical nature of IP Australia processes and in-depth analysis of statute and case law, Patent Law in Australia navigates every aspect of the patenting process, with detailed commentary on the law pertaining to each stage and therefore provides relevant and effective advice for patent attorney's, intellectual property lawyers and barristers. The publication launched in 2008 and is published both as an online subscription service and as a book. The third edition of Patent Law in Australia was published in 2018.
The Intellectual Property & Technology Practice Area is a one-stop shop for practitioners containing news, commentary, a journal, cases and precedents. Our premium news service Alert24 provides daily alerts to your inbox – keeping you abreast of legislative, case and news developments. The Intellectual Property & Technology Law Noticeboard is specifically geared for specialists in the area and will deliver news items of interest and significance written and curated by in-house editors. To subscribe to the Intellectual Property & Technology Law Practice Area on Westlaw, contact Thomson Reuters.
Colin Bodkin holds a BSc (Hons) in chemistry, a doctorate in organic chemistry, an MBA and a Master of Industrial Property degree. He is a former Fellow of the Institute of Patent and Trademark Attorneys and a former registered patent attorney, having practised as a Principal of Spruson & Ferguson in Sydney. Colin Bodkin has been the author of Patent Law in Australia since the publication of its first edition in 2008. The publication is published both as an online subscription service and as a book. The third book edition of Patent Law in Australia was published in 2018.