POF IP Law

29 May 2024 is an important date in the history of patent law as it marks the quadricentennial of the Statute of Monopolies. Read more: pof.com.au/400-years-of-t…

This Saturday marks a milestone for Australian trade mark registrations. Read more: pof.com.au/a-milestone-fo…

The owner of the popular ‘House’ stores, engaged in misleading and deceptive conduct when it took part of Bed Bath ‘N’ Table’s branding for its new homewares store. Read more: pof.com.au/the-importance… #POFIP

Happy new year to all our clients, associates and colleagues celebrating the Lunar New Year this weekend. All of us at Phillips Ormonde Fitzpatrick would like to wish you safety, good health, and prosperity during the Year of the Dragon. #YearoftheDragon #POFIP

Whilst the words of an alleged anticipation may literally disclose a feature, this may not be enough if other information needed to produce a functioning product is missing. Read more: pof.com.au/inevitable-res…

The statements in UbiPark v TMA Capital Australia can serve as an encouragement to present expert evidence that is more targeted and concise, focusing on the matters where experts can provide useful assistance to a hearing officer or Judge. pof.com.au/the-proper-rol…

It’s not just well-known brands that can benefit from watching services. All trade mark owners should keep an eye on trade mark registers for bad faith filings or applications for similar marks and on the marketplace for trade mark misuse. pof.com.au/stockx-jumps-o…

Whether you have existing goods and services in the virtual space, or you’re looking to expand into the metaverse, now’s a good time to review your brand protection strategies with an eye to the digital world. pof.com.au/what-a-wonderf…

Fantastic to have Dr James Burnley and Dr Christina Lucato, patent attorneys from @pofip, helping us explore IP in biotech @UniMelb today.

IP Australia has recently updated its list of countries where it is considered a competent International Search Authority (ISA) and International Preliminary Examination Authority (IPEA) under the Patent Cooperation Treaty. Read more below. pof.com.au/pct-applicatio…

@MagnumIP Delighted to indulge a fellow patent joke enthusiast!

This is the greatest day of my life. @pofip

A recent judgment in an infringement matter before the Federal Court in UbiPark v TMA Capital has potentially provided some positive guidance concerning the patentability of computer implemented inventions pof.com.au/ray-of-physica…

The importance of conducting clearance searches prior to launching a new brand or product line has again been highlighted by the decision in The Agency v H.A.S Real Estate. pof.com.au/search-twice-l…

The burden on parties seeking an extension of time to file evidence in trade mark oppositions has been lowered effective 31 July 2023 following an Official Notice issued by IP Australia. pof.com.au/lower-burden-f…

Certification trade marks are proving fertile ground for trade mark lawyers. This decision follows the unsuccessful attempt by the Indian government to obtain a certification mark for BASMATI which is also presently on appeal. pof.com.au/pisco-trade-ma…

No matter how famous you or your organisation may be, it is essential to conduct clearance searches to ensure you do not infringe someone else's trade mark rights. It is best to explore settlement options rather than ignore the potential dispute. pof.com.au/the-australian…

The Australian Federal Court yesterday confirmed that the accepted patent application owned by ToolGen Inc. and directed to CRISPR/Cas9 systems and methods of genome editing in eukaryotic cells contains no patentable claims. Read more here: bit.ly/3Q2rUvW

USA: A number of authors are alleging copyright infringement where AI datasets have been trained on their books. #copyright theverage.com/2023/7/9/23788…

Following the 2012 Raising the Bar reforms, Australia’s Patents Act requires that patent claims are supported by matter disclosed in the specification: bit.ly/3CY96Gy

IP Australia is proposing to modernize the Australian designs system to allow design protection for products with no physical form, partial designs, and incremental designs. Read more: bit.ly/3Jo229O