Changes to European patent law to establish a Unified Patent Court (“UPC”) may take effect as early as this year, with a “sunrise period” of three months set to begin in September.

 A recent decision of the Federal Court of Australia has highlighted the importance of including Swiss claims in Australian patent applications.  Although a decision of the Federal Court of Australia, the decision also highlights the importance of Swiss claims in New Zealand and importantly, how these may be deemed infringed.

2016 was a year of change in the patent attorney profession in Australia and New Zealand. In this article we examine two significant changes - the establishment of a single Trans-Tasman Patent Register and the public listing of patent attorney firms on the Australian Stock Exchange.

A Delegate of IP Australia was recently asked to consider whether a “wine label” invention was patentable, or whether it fell within the excluded category of “printed matter”.

We are proud to again be supporting awards at the Victoria University of Wellington School of Design’s 2016 end of year exhibition. Congratulations to the winners!

It is now over five years from the publication of the Waitangi Tribunal report on WAI 262 (commonly known as the Flora and Fauna claim) in July 2011. Since that time the Patents Act 2013 has been enacted. We are also experiencing a renewed interest in bioactives research and commercialisation. There has been no formal response from the Government to the WAI 262 claim. However, it is perhaps a salient time to consider to what extent, if any, the recommendations of the Tribunal in relation to patents have been incorporated into New Zealand law.

On 16 September 2016, the Ministry of Business Innovation & Employment (MBIE) and the Intellectual Property Office of New Zealand (IPONZ) issued a consultation document. The document asks for submissions on proposed changes to the transitional provisions of the Patents Act 2013, which relate to the filing and/or examination of divisional applications from an application made under the Patents Act 1953. Submissions are due by 14 October 2016.

 A recent decision of the Federal Court of Australia has raised a warning flag regarding over-promising advantages of the invention in a complete specification.

A recent Australian Federal Court case has confirmed the approach to assessing infringement of Australian registered designs.