How Do I Know if My Invention Qualifies for Patent Protection? Tahlia Dimech The patent system allows innovators to claim exclusive rights to their inventions. That’s important, because it means inventors can recoup their expenses in research and development, and it encourages the market to consistently invest in new technologies. However, not all inventions are patentable. To qualify for patent protection, your invention must meet four key criteria laid out in the Patents Act 1990. Satisfying these criteria can be complex. Applications are assessed on a case-by-case basis, and determinin ..read more

Is Intellectual Property Law Ready for Artificial Intelligence? Tahlia Dimech Artificial Intelligence (AI) is changing the way we think of intellectual property (IP) law. Is Australia’s legislation equipped to handle widespread AI innovations and inventions?  Australia enjoys some of the world’s most robust intellectual property law. Local regulations allow creators, inventors and innovators to turn their ideas into valuable commercial solutions. These hold immense value, so it’s important for legislators to prevent AI from disrupting the protection that has already been afforded to ..read more

Can You Patent an Idea Without a Prototype? Tahlia Dimech There are lots of ways to approach developing a new invention. One of the most common methods, especially in relation to mechanical inventions, is to create a prototype. Prototyping an invention is a great way to refine the concept and work through any roadblocks. Prototyping can be an extended process, and the resulting end product may be quite different from the first iteration, which presents a challenge in protecting your ideas. Since it’s important to protect new inventions as soon as possible, clients often ask if you can pat ..read more

Single Letter Trade Marks – No Ragrets Tahlia Dimech It is typically very difficult, near impossible, to obtain registration for single letter trade marks unless they are heavily stylised.  For example, some notable single letter trade marks that are heavily stylised and have proceeded to registration in Australia include: Australian Postal Corporation 480136 Toyota Jidosha Kabushiki Kaisha 509295 McD Asia Pacific LLC 326539 Often, it is a condition of registration that the trade mark includes an endorsement to the effect that the registration of the trade mark ..read more

Section 41 Distinctiveness Objections in Trade Marks – Unusual, Archaic and Clunky Phrases Tahlia Dimech An objection raised by IP Australia under section 41 of the Trade Marks Act 1995 refers to an issue with the applied trade mark being capable of distinguishing the goods and services from the goods and services of others.  An example of when a section 41 objection may be raised is if an applicant sought protection for the hypothetical trade mark Apple in relation to apples.  Because trade marks are negative rights, if such a trade mark were registered, the owner would be able ..read more

Kraft Foods Schweiz Holding GmbH v Mars, Incorporated [2023] APO 41 – Crumb Chocolate Flavour Compositions Tahlia Dimech Background On 1 December 2016, Mars filed Australian patent application no. 2016365338 (the Application) for a composition which modifies a final food aroma to mimic the aroma of chocolate crumb powder.  Claim 1 of the Application is directed to a chocolate composition that has two parts, namely; (a) dry milk chocolate, which is milk chocolate made with milk powder and without chocolate crumb powder or without the crumb process; and  (b) an extraneous flavour ..read more

How to Copyright Artwork in Australia TylaKanasa Artists in Australia enjoy one of the world’s most robust copyright systems. If you create original artwork, you typically have the exclusive right to use, publish, reproduce and distribute your works. While Australia’s copyright legislation provides excellent protection, navigating the system and managing your claims can be challenging. Depending on your needs, you may also need other forms of intellectual property to keep your artworks and ideas secure. In this article we will discuss how to copyright artwork in Australia, and whether you ..read more

ToolGen’s Guide to Losing a Priority Date and Lots of Money TylaKanasa ToolGen provides a stark reminder of what not to do when filing a provisional patent.  ToolGen is a Korean company involved in the development of gene editing products and services.  In particular, ToolGen is focused on CRISPR/Cas technologies that allow DNA to be cut and edited with precision. The potential therapeutic implications of such technology are immense and there is a wealth of research and patent documents in the area.  ToolGen filed a CRISPR/Cas-related Patent Cooperation Treaty application ..read more

Software Patents in the United States 101 TylaKanasa With advances in software occurring exponentially, there has been a global increase in software related inventions. Protecting such inventions is essential, especially in markets such as the United States where, in 2022, 63.5% of issued utility patents were “software-related”. Software is generally patentable subject matter in the United States under section 101 of the Patents Act, however, patent eligibility for software related inventions depends upon a number of factors. The United States Supreme Court decision, Alice, outlined broad ..read more

How to Avoid Copyright Infringement TylaKanasa Australian creators are fortunate to enjoy the protection of a robust copyright system. Materials produced within Australia receive automatic protection that can be used to prevent others from copying your works. Copyright can hold significant value, especially where a work is used for commercial purposes. This makes copyright infringement a serious matter for anyone that uses, reproduces or licences copyrighted material. Copyright infringement is a common occurrence that has been complicated by the spread of the internet. Learning how to avo ..read more