Korea’s LG Tops Australian Patent Filing Table, While IBM Surprises in Second Place
Patentology
by Mark Summerfield
4d ago
In recent years, the title of leading filer of Australian patent applications has been hotly (though probably inadvertently) contested between Huawei Technologies Ltd (China), Guangdong OPPO Mobile Telecommunications Ltd (China), and LG Electronics (South Korea).  In 2022, LG was a clear winner, with 283 new standard patent applications.  Huawei filed 181 applications, while OPPO disappeared entirely from the leader board, with just 16 applications filed in 2022 – a long way short of the 435 applications it filed at its peak in 2020.  The big surprise of the past year, however ..read more
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Australian Patent Filings Declined Slightly in 2022, but Held at Historic Highs by Strong International Interest
Patentology
by Mark Summerfield
4d ago
In 2022, for the second year running, the number of standard patent applications filed in Australia exceeded 30,000.  While there was a slight decline of 0.5% compared with 2021, filings remained at a historic high.  This was, however, primarily due to continuing growth of nearly 1% in applications originating overseas.  Applications from Australian residents fell by 16.6%, returning to around the same level as between 2016 and 2020 following a bumper year in 2021 that was driven substantially by applicants wishing to secure a filing date prior to the phase-out of the innovation ..read more
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Will AI Chatbots Make Patent Attorneys Obsolete? (No, They Won’t)
Patentology
by Mark Summerfield
1M ago
If you have any interest at all in technology, and possibly even if you do not, it is very likely that over the past few weeks you have read or heard something about OpenAI’s ChatGPT chatbot, which was released for public testing on 30 November 2022.  OpenAI describes itself as ‘an AI research and deployment company’ with a mission ‘to ensure that artificial general intelligence benefits all of humanity.’  It counts Microsoft as a major sponsor, to the tune of a US$1 billion investment that gives OpenAI access to enormous computing resources, in exchange for which Microsoft gains pr ..read more
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Why Would IP Australia Encourage Software Innovators to File for Patents?
Patentology
by Mark Summerfield
2M ago
IP Australia – the government agency responsible for administration of Australia’s patent, trade mark and design registration systems – has an important role to play in educating the public about the value of intellectual property and the requirements and processes for securing IP rights.  Generally speaking, I think it does a good job of this.  In particular, the News and Community section of IP Australia’s website includes links to many useful webinars and case studies that explain how the various types of IP rights work, and how they may be used to add resilience and value to a b ..read more
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Dear Twitter – It’s Not Me, It’s You!
Patentology
by Mark Summerfield
2M ago
I joined Twitter in June 2010.  I did not really know what Twitter was, or how it worked, but there was a lot of ‘buzz’ around it, and I wondered if it might be a useful channel to share and promote the blog that I had just created.  That turned out to be a good call, especially when the Apple v Samsung patent litigation kicked off in Australia about a year later.  Journalists were among the most active and enthusiastic early users of Twitter, and I would not be surprised if they are among the last to leave if and when the lights finally go out.  It was easy to become one ..read more
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DABUS Down – High Court Dashes Hopes of ‘AI Inventor’ Advocates
Patentology
by Mark Summerfield
2M ago
On Friday 11 November 2022, three judges of the High Court of Australia (Gordon, Edelman and Gleeson JJ) refused – with costs – Stephen Thaler’s application for special leave to appeal a decision of the Full Court of the Federal Court of Australia determining that the (alleged) ‘AI inventor’ DABUS cannot be named as an inventor for the purposes of applying for a patent in Australia.  This brings to an end the efforts of Dr Thaler – and his ‘sponsor’, Artificial Inventor Project leader Professor Ryan Abbott – to achieve recognition for machine inventors under Australian law via the courts ..read more
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US Copyright Office Director Shira Perlmutter to Present 2022 Francis Gurry Lecture on IP (18 October 2022)
Patentology
by Mark Summerfield
4M ago
Since its establishment in 2009, by the Melbourne Law School in conjunction with the Institute of Patent and Trade Mark Attorneys of Australia (IPTA), the annual Francis Gurry Lecture on Intellectual Property has rightly become a highlight on the Australian IP calendar.  Past presenters include former Chief Justice of the High Court of Australia Robert French AC, judge of of the Court of Appeal of England and Wales the Right Honourable Lord Justice Colin Birss, Director General of the World Intellectual Property Organization (WIPO) Daren Tang, renowned UK legal academic and founder of th ..read more
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Recent Trends in the Trans-Tasman Patent Attorney Profession
Patentology
by Mark Summerfield
4M ago
As regular readers of this blog – and watchers of the Australasian patent attorney profession in general – are well-aware, we have witnessed over recent years a significant upheaval in the profession, including three public listings of attorney firm groups and a series of acquisitions and mergers.  The result of this (so far) is that there are now two publicly-listed holding companies – IPH Limited (ASX:IPH) and QANTM IP Limited (ASX:QIP) – which between them own six mid-to-large-sized firms across Australia and New Zealand, collectively employing (as of the beginning of September 2022) j ..read more
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High Court’s Failure Exposes the Festering Eligibility Sore in Australia’s Patent Laws
Patentology
by Mark Summerfield
5M ago
In a keenly-awaited – and thus hugely disappointing – ‘decision’, the High Court of Australia has failed to satisfactorily resolve the question of whether patent claims directed to electronic gaming machine (EGM) technology developed by Aristocrat Technologies Australia Pty Ltd are directed to patent-eligible subject matter: Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29.  With Justice Gleeson calling in sick on the crucial days, arguments in Aristocrat’s appeal from the adverse decision of the Full Federal Court of Australia were heard by just six judge ..read more
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Eligibility of Computer-Implemented Inventions Behind Unprecedented Numbers of Patent Office Rulings
Patentology
by Mark Summerfield
6M ago
Once upon a time – not so very long ago, in fact – it was rare for the Australian Patent Office to issue a formal published ruling on the patent-eligibility of claims submitted for examination.  Indeed, ex parte decisions (i.e. those involving only the applicant and the Office) were generally in the minority, and most of those related to pharmaceutical extensions of patent term, allowability of amendments, and extensions of time to meet various deadlines.  Historically, the overwhelming majority of decisions have related to inter partes proceedings, such as patent oppositions.  ..read more
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