“Why cannot our own creations also create?”: AI systems can be patent inventors in Australia

An artificial intelligence system is capable of being named as an “inventor” of patentable subject matter, according to the Federal Court’s recent decision in Thaler v Commissioner of Patents.[1] Subject to any appeal, this decision has salient implications for the ways in which inventorship, ownership, and inventiveness might be assessed in Australia in the future. … Read more

Federal Court overturns ‘absurd’ Patent Office ruling on patent term extensions for pharmaceutical substances

The Federal Court has rejected the Australian Patent Office’s historical approach to patent term extension (PTE) applications, upholding a challenge brought by two major pharmaceutical companies against an earlier decision of Australia’s Commissioner of Patents. KEY TAKEAWAYS Justice Beach has confirmed that PTE applications must be filed within six months of the first inclusion on … Read more

Regulatory reform for software-based consumer health products – new regulations provide clarity but can they keep up with the technology?

Mobile health apps and devices are everywhere (“mHealth”), with Australians now the biggest consumers of health apps per capita. The TGA recently released a suite of reforms on software-based medical devices and consumer health products to better address this area. But what are the impacts on developers, and will the regulations be “future proof” as … Read more

Not all’s “fair dealing” in war and Greenpeace: Federal Court confirms limits of the “parody or satire” exception to copyright infringement

The Federal Court’s decision in AGL v Greenpeace[1] confirms that using a corporate logo in activist or protest materials may be permissible under both copyright and trade mark law, but only where that use constitutes a “fair dealing” for the genuine purpose of “parody or satire”. Not all such uses will fall within that exception, … Read more

Views on an evolving automotive industry – The importance of a clear IP strategy

Our latest intellectual property related briefing in the HSF "Views on an evolving automotive industry" series, concentrates on the importance of a clear IP strategy for automotive sector businesses. It considers the necessary elements of a successful IP strategy and the heightened importance of such a strategy in the context of an industry where new systems and technologies are taking centre stage. Read more