Australia has a pre-grant patent opposition system. That is to say, once an application has passed examination and been accepted for potential grant as a patent, there is a period (of three months) during which anybody may oppose the grant. The subsequent opposition proceedings – if they run their full course – consist of a
Large vs Small, Group Ownership vs Independent – What Factors Influenced Firms’ Patent Filing Share in 2023?
As I recently reported, Australian patent filings in 2023 fell slightly, by 2.4%, over the previous year. This implies, of course, that patent attorneys filing applications on behalf of domestic and foreign clients should, overall, also have experienced a similar decline new filings. But, of course, individual firms fared differently in the competition for…
LG Again Tops Australian Patent Filings in 2023, as Most of the ‘Usual Suspects’ Return
Over the past five years (i.e. since 2019) Korea’s LG Electronics Inc and China’s Huawei Technologies Ltd have consistently placed in the top five applicants for Australian patents. Indeed, for the past four years they were in the leading three. In 2021, Huawei came out on top with LG a close second. In 2022,…
Patent Filings in Australia Fell Again in 2023, but Applications from China are Bucking the Trend
In 2023 the total number of standard patent applications filed in Australia remained above 30,000 for the third year running, despite a 2.4% drop in filings. This follows a decline of nearly 0.5% in the previous year. However, whereas the decline in new applications in 2022 was due to fewer filings by Australian residents (with…
The Major Australian Client at the Centre of David and Goliath Legal Battle Between Patent Attorney Firms
As some readers may be aware (I have previously mentioned it only in passing) a firm in the IPH Limited (ASX:IPH) group – the market cap of which is A$1.56B at publication – is once again taking legal action against a recently-established firm and its founders, all of whom are former…
Disciplinary Decision Against Registered Attorney a Reminder of the Importance of Clear Communication and Record Keeping
Back in July, the Trans-Tasman IP Attorneys Disciplinary Tribunal (‘the Tribunal’) issued a decision in relation to a complaint about a registered attorney (‘the attorney’) by a client (‘the client’) in response to which the Trans-Tasman IP Attorneys Board (TTIPAB, a.k.a. ‘the Board’) commenced disciplinary proceedings, bringing nine charges against the attorney. The full decision…
IP Australia is Seeking Feedback on Proposed Fee Changes
IP Australia has published a draft of its four-yearly Cost Recovery Implementation Statement (CRIS), which outlines proposed fee changes that would take effect from October 2024. It is also taking the opportunity to review the hearing costs that may be awarded for Patents, Trade Marks and Designs. Feedback on the proposals may be provided…
Profile of the Creator of AI ‘Inventor’ DABUS Raises More Questions About International Test Cases
A profile of DABUS creator Dr Stephen Thaler, written by Tomas Weber and published by The Economist in April 2023, paints a picture of a rather isolated man – a septuagenarian, the product of a traumatic childhood, slightly paranoid, seemingly obsessed with his creation, and whose supportive wife seems resigned to the reality that he…
Intellectual Property is Integral to AI Regulation, and Getting it Wrong Will Hand More Power to Big Tech
Governments around the world are considering how they can – and should – regulate the development and deployment of increasingly powerful and disruptive artificial intelligence (AI) technologies. Australia is no exception. On 1 June 2023, the Australian government announced the release of two papers intended to help ‘ensure the growth of artificial intelligence technologies (AI)…
Zombie Patents! Can Expired Innovation Patents Still Be Examined and Certified?
The Australian Patent Office recently issued two decisions on the examination and certification of innovation patents owned by UK company Diogenes Limited: Diogenes Limited [2023] APO 5 concerning innovation patent no. 2020104437 (‘Diogenes 1’); and Diogenes Limited [2023] APO 8 concerning innovation patent no. 2021103809 (‘Diogenes 2’). Both patents claim inventions relating to electronic pool…